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 who is engaged in driving of a motor vehicle B.
1. On August 5, 2018, the Defendant was under the influence of alcohol level of 0.201% during blood transfusion around 14:55 on August 5, 2018, and the Defendant driven the said car, thereby driving the frontway of Songpa-gu Seoul Metropolitan City C, along the two-lanes in the direction of modern apartment shooting distance in the direction of the calendar.
In such cases, a person engaged in driving duty has a duty of care to properly operate the steering gear and the steering gear in a correct manner.
Nevertheless, under the influence of alcohol, the Defendant was in the front part of the victim D (V 64 years old) driving EM7 passenger cars, which was standing in the signal atmosphere due to occupational negligence, and was in the front part of the said vehicle.
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as the pipe of the part where it is necessary to treat the victim for about two weeks, and the luxal salt of the part where it is unknown.
2. On August 5, 2018, the Defendant: (a) driven the said car under the influence of alcohol concentration of 0.201% in blood around 14:5 on August 5, 2018; and (b) driven the B car on the front side of Songpa-gu Seoul Metropolitan Government C.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Statement of the circumstances of the driver involved in driving;
1. Reporting on the occurrence of a traffic accident and intensity at the scene of a traffic accident;
1. On-site and vehicle photographs;
1. Application of Acts and subordinate statutes to a written diagnosis and a written estimate of repair costs;
1. Article 148-2 (2) 1 and Article 44 (1) of the Traffic Act concerning facts constituting an offense, as prescribed by the relevant Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of a dangerous motor vehicle);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and Article 50 of the Criminal Code [the punishment shall be added] for concurrent crimes.