특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment with prison labor for up to six 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 March 10, 2018, when the Defendant was driving at around 00:20 p.m., while driving a B Ep car in a state where normal driving is difficult due to influence of alcohol 0.158% during blood, the Defendant was driving at around 3-lane in the south-gu Incheon Metropolitan City along two-lanes of the entrance of the south-gu office in the south-gu market, Nam-gu, Incheon, along the three-lanes, while the Defendant was driving at around 0:20 p.m., the Defendant was unable to properly operate the steering system and failed to properly operate the steering system on the three-lanes of the Victim D (n, 50 years old) with the lower left part of the E-hand-hand car driven in front of the above EM car, and suffered injury such as salt and tension in need of treatment for about two weeks, and injury to the victim D, 5 years old and 5 years old, respectively, during the pertinent passenger car.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A written statement;
1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence like the order shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive, circumstances, means and methods of each of the instant crimes, and circumstances after the commission of the crime, etc., and the conditions of sentencing as shown in the trial process.
The circumstances disadvantageous: Each of the crimes in this case are being driven by the defendant while normal driving is difficult due to drinking.