특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than five 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
1. The Defendant is a person who is engaged in driving a motor vehicle B in cushion in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On November 7, 2017, the Defendant, at around 19:00, proceeded one lane near the 3-lane road of a negligent apartment street in the Southern-gu Seoul Metropolitan City, to the Sami elementary school from the side of the Dobong-gu elementary school.
At night, its location is an intersection where vehicle signal, etc. is installed, so in such a case, there was a duty of care to observe vehicle signal to a person engaged in driving duties and to safely drive the steering direction and brake system by accurately operating the steering direction and brake system.
Nevertheless, the Defendant, while under the influence of alcohol content 0.163% in blood, was under the influence of 0.163%, brought the left part of the D-hand part of the victim C (I, 45 years old) who was making a left part of the vehicle due to the vehicle's new code at the same time due to the sudden negligence and negligence in which the vehicle signal was under the influence of 0.163%.
As a result, the defendant driving a car in a state where it is difficult to drive the car normally while under the influence of alcohol, and suffered the victim's injury of salt and tensions that require approximately a week medical treatment.
2. The Defendant violated the Road Traffic Act (drinking driving) driven a car as set forth in paragraph 1 while under the influence of alcohol with 0.163% alcohol concentration in blood at the date, time, and place set forth in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;
1. Aggravation concurrent crimes;