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
On June 24, 2016, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the Suwon District Court on the grounds of the violation of the Road Traffic Act, and on November 3, 2017, the above court received a summary order of KRW 1 million for the same crime and received punishment twice or more due to drinking driving, respectively.
The defendant is a person driving a BM5 vehicle.
On May 26, 2018, the Defendant driven the said car without a driver's license while under the influence of alcohol of 0.222% in blood around 19:00, and led the Defendant to drive the said car at an insular speed in the direction of the location of the training site in the direction of the only three-lane of the D cafeteria located in Ssung City C, depending on one lane.
At the same time, the passenger car with the highest level of the car driven by the victim E(30) was stopped for the signal waiting, so in this case, there was a duty of care to maintain the distance between the car and the safety distance and to prevent the accident by accurately manipulating the steering and operating the steering system.
Nevertheless, the defendant's negligence of driving in a state where normal driving is difficult due to the influence of drinking, led to the shock of the back part of the driver's vehicle in front of the defendant's driver's car.
Ultimately, the Defendant by occupational negligence inflicted injury on the victim E such as salt, tensions, etc. in need of medical treatment for about five days, and inflicted injury on the victim G (V, 30 years of age) who was on board the damaged vehicle, such as salt, tensions, etc. in need of medical treatment for about five days, and suffered injury on the victim H (V, South and 29 years of age) of the son for whom medical treatment for about five days is required for approximately five days.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Notification of the results of regulating the driving of drinking, the driver's license ledger, and a survey report on actual condition;
1. Each written diagnosis;
1. Written inquiries, such as criminal history;