특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On April 15, 2010, the Defendant was issued a summary order of KRW 1,500,000 for a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act (drinking driving) in the support of Suwon Frigwon, and on January 20, 2012, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.
[Criminal facts]
1. Although Defendant 1 had the record of being punished for driving under the influence of alcohol as above, Defendant 2 driven a FM5 vehicle under the influence of alcohol leveling about 0.186% in the section of approximately 3km from the road near C located in Ansan-si, Nowon-gu, Seoul around August 28, 2020 to the front road located in E in the same Singu, Ansan-si.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
2. The Defendant was under the influence of alcohol level of 0.186% at the time of the day set forth in paragraph 1 above at the time of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and the driving of the said vehicle at a speed of approximately 60km per hour in the direction of the corresponding industrial complex shooting distance, as described in paragraph 1 above.
At the time, the above road is night and the traffic control by signal, etc., so it is difficult for a person engaged in driving service to drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by driving the motor vehicle in a safe manner according to the former left left and right and right and right and the safety of the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant is a victim G (the age of 21) who, while driving the said vehicle in a state where the Defendant is unable to drive the vehicle normally due to a short distance of body, etc., while driving the said vehicle in a state where it is difficult to drive the vehicle due to a short distance of body, etc., and was making a stop in accordance with the foregoing stop signals due to negligence in violation of the above signal while driving the vehicle in a long time signal.