특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of the case 3 car.
On August 24, 2017, at around 23:30 on August 24, 2017, the Defendant driven a vehicle while under the influence of alcohol concentration of 0.153% in blood without a driver's license, with the front road of the Incheon Southern-gu Incheon Metropolitan City, Incheon-dong post office located in the north-dong.
At the same time, the victim D(36) was walking the roadway in the direction of the defendant's vehicle. In such a case, the driver of the vehicle was obliged to take a duty of care to prevent the accident, such as looking at the right and the right of the front and right of the vehicle and accurately manipulating the steering and steering system.
Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive normally and was negligent in driving so that the part of the above victim’s left arms and legs was shocked by the Defendant’s seat side.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the said victim, such as salt dump in need of treatment for about two weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A report on occurrence and a report on actual condition;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. A report on investigation;
1. Inquiry into the ledger of driver's licenses and administrative dispositions;
1. Application of statutes on site photographs and diagnostic certificates;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;
1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and the punishment for a violation of the Road Traffic Act with heavier punishment);
1. Selection of each sentence of imprisonment;