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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaged in driving a rocketing car.
1. On April 9, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said rocketing car with alcohol concentration of 0.152% under the influence of alcohol during blood around April 9, 2017, and led C to the roads located in C from the edge of the model pharmacy to the pungpo market on the side of the model pharmacy.
At the time, there is a night and there is no distinction between the sidewalk and the roadway, so in such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by safely driving the vehicle by reducing the speed and checking well the right and the right of the road.
Nevertheless, the defendant neglected to do so and went on to the right side of the victim D (76) who was coming in the same direction from the defendant's moving towards the same direction by negligence, and shocked into the right side of the defendant's car after the driver's car.
As a result, the defendant driving a motor vehicle under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, and suffered the victim from the left-hand blue base and the blue in need of treatment for about two weeks.
2. The Defendant violated the Road Traffic Act (drinking driving) driven the said rocketing car from the front road of the 55-ro 5-lane 7 “Scars scars scars scars scars” located in the 55-lane 31, to the front road of the 31-lane 55-lane 31, while under the influence of alcohol content 0.152% during the day-to-day alcohol during the influence of paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A traffic accident report;
1. A report on whether to drive a dangerous motor vehicle or a report on the detection of the driver;
1. A medical certificate;
1. Application of Acts and subordinate statutes to on-site and CCTV closure photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.