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
1. Around 13:30 on February 16, 2019, the Defendant driving a B knife vehicle under the influence of alcohol with a section of about 1km alcohol concentration of 0.120%, from the influent land of Yeonsu-gu Incheon Metropolitan City to the roads following the Yeonsu-gu Chuncheon Gyeong-dong, Yeonsu-gu, Incheon.
2. The defendant is a person engaged in driving a knife vehicle as provided for in paragraph (1) of the Aggravated Punishment, etc. of Specific Crimes Act;
The Defendant, as described in paragraph (1), rhhyd the horses under the influence of alcohol, and driven the foregoing vehicle under the condition that pedestrians walk with a string and face, and led the roads near the Dong-gu Incheon Metropolitan City, Yeonsu-gu, Incheon to proceed along one lane on the side of the juvenile training center.
In front of the intersection, the DMW car of the victim C(37 years old) was stopped in front of the defendant's moving-out according to the red signal, so the defendant has a duty of care to maintain the safety distance and prevent the accident in advance by operating the brake accurately so that the defendant can stop safely.
Nevertheless, the Defendant neglected this and proceeded as it is, and received the rear part of the victim’s vehicle as the front part of the Defendant’s vehicle.
Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury, such as “influoral salt and tension,” which requires a two-day medical treatment, to the said victim C, such as “influoral salt and tension,” and “influoral salt and tension,” which requires a two-day medical treatment for the same passenger of BMW motor vehicle, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Police suspect interrogation protocol of the accused;
1. The actual condition survey report;
1. Statement to C by the police;
1. The circumstantial statement, investigation report, and the report on detection of a host driver; and