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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On March 25, 2015, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act from the Gwangju District Court, and a summary order of KRW 5 million for the same crime in the same court on September 26, 2016, respectively.
【Criminal Facts】
1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) around 06:15 on December 23, 2019, the Defendant driven a BNAS car under the influence of alcohol level 0.176% in the Gangnam cycle located near the Southern-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, with a view to driving a BNAS car under the influence of alcohol level 0.176%, and proceed to a speed of approximately 70km in the face of Geumcheon-gu.
In this case, a person engaged in driving of a motor vehicle has a duty of care to safely change the lane in a way that he/she can live well on the front side while driving the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this, and instead changing the lane, and was negligent in changing the lane before the Defendant’s running direction, and the part of the back-setting part of the cargo vehicle driven by the victim C(the age of 39) who was driving in front of the Defendant’s driving direction was taken into account as the front-hand part
As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as salt, tension, etc. of the other parts necessary for treatment for about two weeks.
2. Around 06:15, 2019, the Defendant was under the influence of alcohol at approximately 0.176% in the section of the 10km of alcohol alcohol level from the front of Yongsan-gu Seoul Special Metropolitan City to the Gangnam cycle near the Southern-dong in Seoul Special Metropolitan City, the Defendant driven the BNS car under the influence of alcohol level 0.176% in the section of the 10km of alcohol level.
Accordingly, the defendant, while under the influence of alcohol at least twice, driven a car under the influence of alcohol again.
Summary of Evidence
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