특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is a person engaged in driving 124.9c Unregistered Switzerland.
At around 01:50 on May 24, 2016, the Defendant, without purchasing mandatory insurance, driven the above Oralb while under the influence of 0.138% of blood alcohol concentration, and proceeded three-lanes in the four-lanes in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with the long-distance outflow from the long-distance flood protection area at an insular speed.
In such cases, a person engaged in driving of a vehicle shall not drive the vehicle while normal driving is difficult due to the influence of alcohol, and has a duty of care to prevent accidents in advance by accurately manipulating the situation of anti-traffic, steering system, etc.
Nevertheless, the Defendant found the victim E (the age of 47) who was trying to get on a rocketing taxi in the same direction due to negligence in the course of business, which was driven by neglecting the duty of prior watching in the above drinking condition, and found the victim E (the age of 47) late, due to the front wheels part of the above Orala, etc., and caused the victim to suffer injury, such as the right side part of the victim's bridge and the down pressure tracul, which requires approximately six weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of the occurrence of E traffic accidents;
1. A traffic accident report;
1. Report on the circumstantial statements of a drinking driver, and a record of drinking measurements;
1. Mandatory insurance policies;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Articles 46 (2) 2 and the main sentence of the Act on the Guarantee of Automobile Accident Compensation, and Selection of Imprisonment, respectively;
1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;
1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.