특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not more than ten 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 a trucking car B.
1. On January 18, 2017, the Defendant driven the foregoing vehicle under the influence of alcohol by 0.226% from a mutual influence restaurant near the 567 Incheon Southern-gu Incheon Southern-gu, to the front road of the present comprehensive social welfare center for the prisoners of war on around 2km of approximately 567 in the middle of 567 Incheon-gu, Incheon-gu. In addition, the Defendant driven the foregoing vehicle under the influence of alcohol by 0.226% in alcohol concentration in blood.
2. On January 18, 2017, the Defendant driving the above vehicle around 20:05, and driving the vehicle at a speed of about 50 km in the speed of 50 km between three lanes in the direction of apartment complex, namely, the road front of the current comprehensive social welfare center in the south-gu Incheon Metropolitan City (Sdong-gu) in front of the current general social welfare center in the territory of the Dong-gu.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to check the safety of course by checking the front side and the left side of the motor vehicle, and to accurately operate the steering and brakes so as to prevent the accident from occurring.
Nevertheless, as in the foregoing paragraph 1, the Defendant was negligent in neglecting and proceeding at the front time in the state of drinking, as well as by neglecting and proceeding with the Defendant’s vehicle in front of the Defendant’s vehicle, the Defendant Daco-car drivened by the victim C (V, 53 years old) in front of the signal signal.
Ultimately, the Defendant suffered from the injury of the victim E (n, 47 years of age), victim F (n, 48 years of age) and victim G (n, 65 years of age) by occupational negligence as seen above, each of the following injury suffered by the victim C and Dong passengers, such as base salt, tension, etc., for about two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each risk), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime.