특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant is a person engaged in the operation of BMW X1 car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
On October 15, 2020, the Defendant driven the said car under the influence of alcohol content of 0.129% in blood around 00:10 on October 15, 2020, and proceeded at a speed of about 50 km per hour according to three-lanes in the vicinity of the university notification at the guro, Seoul Special Metropolitan City, the 24-lane of the road near the Doro 24 in the new Doro, Seoul Special Metropolitan City.
At the time, at night and at the front, signal lights were installed, and at the front of the defendant's direction, the victim C (son, 72 years old) was driving in the front of the defendant's direction, so in such a case, the person engaged in the driver's duty of care was obliged to reduce speed and safely drive the motor vehicle and prevent the accident in advance by driving the motor vehicle in accordance with the new code.
Nevertheless, the Defendant, while neglecting the influence of alcohol and stopping the above rocketing taxi in accordance with the front line, was faced with the back part of the above taxi due to the negligence of operating the brake at the latest.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state of light that requires treatment for about two weeks.
2. Around 00:10 on October 15, 2020, the Defendant driven BMW X1 car under the influence of alcohol leveling 0.129% from the 5km section from the front of the public parking lot in Seocho-gu Seoul, Seocho-gu, Seoul, to the place indicated in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Reports on traffic accidents, certificates of confirmation of drinking alcohol measurement, notification of the results of crackdown on driving of drinking, and investigation reports (report on the situation of the driver who takes driving);
1. A medical certificate;