특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The defendant is a person who is engaged in the business of driving freight B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
On December 10, 2018, the Defendant driven the above vehicle on two-lanes from the jurisdiction of the captain on the front side of the Busan metropolitan Highway (the direction of the captain) where the Defendant was under the influence of alcohol of 0.235% of blood alcohol level around 10:18.18.
In such cases, a driver of a motor vehicle shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by safely reporting the traffic situation.
Nevertheless, while driving a motor vehicle under the influence of alcohol while it is difficult for the defendant to drive the motor vehicle normally, the defendant loaded the D-wing and three cargo vehicles before the victim C (the age of 30) while driving the motor vehicle, and concealed the part into the front part of the motor vehicle.
Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc., in need of treatment for about two weeks by occupational negligence.
2. On December 6, 2018, the Defendant was under the influence of alcohol at a level of 0.235% on blood alcohol level on December 10:18, 2018, the Defendant driven B Poter truck from the front road of the trade name in the Geum-dong, Geum-gu, Busan to the front road located in the Geum-gu, Busan to the front side of the Busan (the direction of the direction of the direction of the captain) of the Busan metropolitan Highway at a level of about 15km in front of the 46.8km road located in the iron-gu, Busan.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident actual condition survey report and a statement on the occurrence of each traffic accident;
1. Application of Acts and subordinate statutes to a report on the statement of the situation of a drinking driver, inquiry into the results of the crackdown on drinking driving, investigation report on an accident vehicle, and an investigation report accompanied by a medical certificate;
1. Relevant Article of the facts constituting an offense and the solicitation of punishment;