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
1. On October 8, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven the CMW car under the influence of alcohol 0.187% at the 0.187% alcohol concentration in blood, while driving the CMW car at the speed of about 30km in the direction of erost in the middle of the east-gu, Busan Metropolitan City.
The Defendant entered the victim D prosecutor into F as “F” in the same direction, but appears to be a clerical error in “D”.
(44) Since it was followed by the Ethtobane driven by the driver, the driver was well aware of the situation, and there was a duty of care to secure and proceed with the safety distance that could be avoided in the event of the suspension by the driver.
Nevertheless, the defendant neglected this and received the back part of the victim's ozone part which was proceeding on the front side of the driver's vehicle that was driven by the defendant due to the negligence of excessively adjacent driving.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as a multi-packter, which requires approximately eight weeks of medical treatment to the victim D.
2. On October 8, 2016, the Defendant: (a) driven a CMW car under the influence of alcohol content of 0.187% in blood at a distance of about 1 kilometer from the day from the Dong-dong Pinsan-dong Pinsan-dong, U.S. to the place specified in the foregoing paragraph (1) at a high speed of around 08:00 to Oct. 8, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement related to a traffic accident;
1. Reports on traffic accidents;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes to the written diagnosis of victims;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and each of them shall be punished by imprisonment.