특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
around 04:50 on March 4, 2016, the Defendant was under the influence of alcohol content 0.235% on the front road in Seowon-gu, Seowon-gu, Seowon-si, Seowon-gu, Seowon-si, Chungcheongnam-gu, Cheongwon-si, and the Defendant was moving back to the direction of the 2nd community service center in the apartment direction, where the Defendant was under the influence of alcohol content 0.235% during blood.
At the end of the defendant at the time, the FNAS car driven by the victim E (22) was followed by the latter. In order to go back, the driver of the vehicle had a duty of care to thoroughly prevent the accident from occurring in advance.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not care well, and received the front part of the Nos. 4 Scoo-gu car as the back part of the Defendant’s vehicle by negligence.
Ultimately, the Defendant driven the said K3 vehicle in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury such as finite finite finite, etc., which requires two weeks of medical treatment to the victim E and the passenger of the said NV car (the age of 31).
Summary of Evidence
The application of each Act and subordinate statutes to the defendant's legal statement E report on traffic accident in the police statement report, actual condition investigation report, the driver's report on the scene of the accident, and response to the request for notification of the results of the drinking driving control.
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.
5. Article 62 (1) of the Criminal Act on the suspension of execution;
6. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant did not properly show that he had a record of being sentenced to a fine due to drinking driving in 2014.