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. The Defendant is a person who is engaged in driving a car with Csch Rex GS350, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On April 26, 2018, the Defendant driven the said car under the influence of alcohol content of 0.165% during blood transfusions on April 26, 2018, and led to the access road to the hill direction in the front direction of the inside circulation of Seongbuk-gu Seoul Yungdong, Seongbuk-gu.
The Defendant, prior to the same direction, was followed by the E-learning Motor Vehicle driven by the victim D (37 tax). As such, the Defendant had a duty of care to secure and proceed with a safe distance to avoid when the said Motor Vehicle stops.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle in an excessively close vicinity, and the Defendant got the victim's above-learning vehicle back to the Defendant's driver's lux GS350.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in the Defendant’s injury to the victim, such as light cryp and dump for about two weeks of medical treatment.
2. On the same day as in the preceding paragraph, the Defendant driven a Csch GS350 vehicle under the influence of alcohol concentration of about 500 meters from the front side of the Yung-dong in Seongbuk-gu Seoul Metropolitan Government to the same place as in the preceding paragraph.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. A traffic accident report;
1. A medical certificate;
1. Application of Acts and subordinate statutes governing accident scene photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning 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 the choice of imprisonment with prison labor;
1. Article 37 of the Aggravation of Concurrent Crimes Act.