특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
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. On July 28, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act in Daegu District Court racing support; on November 1, 2010, the Defendant received a summary order of KRW 2 million for the same crime from the same court; and on April 25, 2013, the Daegu High Court was sentenced to a suspended sentence of KRW 6 months for a crime of violating the Road Traffic Act.
2. Criminal facts;
A. At around 06:00 on June 30, 2016, the Defendant driven a B QM5 vehicle under the influence of alcohol concentration of approximately 0.123% from the 1km section from the 1km road to the roads from the wing-do bus platform on the side of the Yangbuk-do, Yang-si, Chungcheongnam-si, Seoul.
B. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person driving the said car.
The Defendant, while under the influence of alcohol as above, driven the said car, and continued to drive the said car to the two North Korea from the wing-ri side on the front side of the old-gu bus platform in the two North Korea at the time of the racing.
At the time, at the front of a car driven by the defendant, the D-wing and freight driven by the victim C(the age of 61) was prior to the vehicle driven by the victim C, and the place where overtaking is prohibited by passing through the intersection, so the driver of the vehicle has a duty of care to safely pass through the intersection without overtaking the preceding vehicle, and prevent the accident in advance.
Nevertheless, the Defendant, in a situation where normal driving is difficult due to the influence of alcohol, was trying to overtake the above victim's wing-in and cargo vehicle that the above victim driven by the central line in the vicinity of the intersection. On the other hand, the above wing-out and the left part of the cargo vehicle, which was left left at the intersection, was received as the front part of the said vehicle.
Ultimately, the Defendant committed the above occupational negligence.