도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
except that 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. On January 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was under the influence of alcohol level of 0.104% on blood alcohol level at the 0.104% on January 14, 2019, and continued BM3 Passenger Vehicles in front of the Daegu-gu Residential Zone C in the Eth page
In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle, such as taking the front side and the left side well and accurately operating the steering wheel and brake system.
Nevertheless, the Defendant, while driving the said SM3 vehicle in a state where it is inaccurate that the Defendant was under the influence of alcohol and where it is difficult to drive a vehicle with a little string-distance and face coloring, conflicts with the front part of the Gireting car of the victim FF driving, which comes from the opposite part of the direction, with the front part of the said SM3 vehicle. Accordingly, the victim suffered injury, such as light salt, which requires treatment for about two weeks.
2. The Defendant was driving the said SM3 vehicle under the influence of alcohol level of about 2 km from Daegu-gun to the place of the above accident from the date and time to the point of the accident, as described in the above paragraph 1.1.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. The actual condition survey report;
1. Notification of the results of crackdown on drinking driving, and a statement of the situation of drinking drivers;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, was able to have a previous conviction (a fine of one million won in 2005, a fine of one million won in 2007, and a fine of 1.5 million won in 2007).