특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On March 15, 2016, the Defendant was issued a summary order of KRW 2,500,000 at the Suwon District Court’s Eunpyeong Housing Site as a crime of violation of the Road Traffic Act (driving).
【Criminal Facts】
1. Around October 25, 2019, the Defendant was driving under the influence of alcohol in violation of the Road Traffic Act (driving) at least two times in violation of the provision on prohibition of drinking driving, while driving a motor vehicle with the level of blood alcohol concentration of about 0.192% at the section of about 3km from the central street parking lot in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul to the access road at the same time via an urban rapid speed.
2. The defendant is a person who is engaged in driving a freight vehicle B and III in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
On October 25, 2019, at around 01:33, the Defendant, while under the influence of alcohol, driven the above cargo vehicle, and led to the rapid acceleration of the road prior to the access road via the urban rapid speed of about 5 km at a speed of about 5 km in the city at Sungnam-si.
At that time, the D 7.5 tons truck driven by the victim C(35 years old) following the Defendant's cargo vehicle is proceeding along the second line, so there was a duty of care to check whether there is a vehicle driven by the driver of the vehicle and to prevent the accident in advance by safely checking whether there is a vehicle driven by the driver of the vehicle.
Nevertheless, the Defendant failed to discover the driving of the truck driven by the victim while neglecting this, and received the part of the victim's right side of the truck with the left back part of the truck drivened by the Defendant due to negligence.
As a result, the Defendant driven the above wing-III cargo vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim by suffering from the dump and tension in need of treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1.C and E 1.