특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not more than ten 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
The defendant is a person who is engaged in driving a B-to-car.
On April 12, 2019, at around 02:47, the Defendant, without a driver’s license, driven the said car in a state that it is difficult to drive normally due to the influence of drinking, such as a large distance and rhythm, while under the influence of alcohol, without a driver’s license, while driving the said car, and driving the road that is located in Yeongdeungpo-gu Seoul Metropolitan Government Nowon-gu with the roads that are located in the labor of Yeongdeungpo-gu, Seoul along the two-lanes.
As the Defendant tried to change the course at the time, the Defendant was negligent in performing the duty of care to prevent accidents by accurately operating the steering gear and changing the course in a safe way, while neglecting the duty of care to prevent accidents in advance, and thereby resulting in injury to the victim C(58 years old)'s driving by occupational negligence, which changed the lane rapidly from to the third lane of the same direction, following the left part of the body part of the vehicle of the victim C(58 years old) driving in the same direction as that of the vehicle of the Defendant, which was driven in accordance with the three lanes in the same direction, due to the shock of about three weeks in front part of the vehicle of the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on the occurrence of traffic accidents and on the circumstantial statement of the driver concerned;
1. Notification of the results of drinking control, the ledger of driver's licenses, and the application of Acts and subordinate statutes;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018); subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 of the Criminal Act for discretionary mitigation.