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
1. The Defendant is a person engaging in driving a motor vehicle B, who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving).
On June 8, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.166% from blood alcohol level around 01:35, while driving the said car, and, at Jeju, proceeded straight along three lanes in the direction of the intersection of the new luminous distance from the intersection at the entrance of the Jeju airport to the intersection of the new luminous distance.
Since there was a bicycle driving ahead of it in the same direction, there was a duty of care to safely drive a person engaged in driving service according to road traffic conditions by reducing speed and by properly examining the right and the right of the road.
Nevertheless, the Defendant, as seen above, neglected his duty at the front time while driving in a state where normal driving is difficult due to influence of drinking, and caused the part of the bicycle driven by the victim E (55 years) who was driven earlier by the victim E (55 years) to the front part of the Defendant’s vehicle.
Defendant 2 suffered injury to the victim, such as an open headal room, which requires approximately two weeks medical treatment, due to such occupational negligence.
2. A violation of the Road Traffic Act (drinking driving) driving a vehicle under the influence of alcohol of about 500 meters from the 159 Marid Jeju Airport DT parking lot to the D hotel in Jeju City from the 500-meter section from the D hotel in Jeju City to the road in front of the D hotel in Jeju City. The Defendant driven a vehicle under the influence of alcohol of 0.166%.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on the occurrence of traffic accidents, and related photographs;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. A traffic accident-related statement prepared by E;
1. Application of Acts and subordinate statutes to report internal investigation (Submission of medical certificate to victims E);
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.