특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On September 28, 2012, the Defendant was issued a summary order of KRW 3,00,000 as a crime of violating the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on September 28, 2012.
【Criminal Facts】
1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaged in driving B cruise automobiles
On July 23, 2020, at around 22:05, the Defendant was under the influence of alcohol with 0.148% of blood alcohol concentration, and the Defendant was driving along one lane in the direction of the Gangnam-gu Seoul Metropolitan Government along the four-lane roads of Gangnam-do.
At the time, the Defendant, while driving the said car in an incorrect and unsatch distance, was followed by the victim D(WWz S560, 38 years old) driving in the front of the said cruise car, and the victim suffered injury, such as catum salt, etc., requiring approximately two weeks of medical treatment.
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.
2. The Defendant was under the influence of alcohol level of 0.148% at the time and time set forth in paragraph (1) of the Road Traffic Act, and operated the said cruise car from the front of Gangnam-gu Seoul Metropolitan Government F-do to the place where the said accident occurred.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Written petition of D;
1. The actual condition survey report;
1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;
1. A medical certificate;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Article 5-11 (1) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving sound).