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
1. On April 17, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) committed a duty of care to prevent traffic accidents by driving a 0.167% blood alcohol level with a difficulty in driving normally and driving at 0.167% from the blood alcohol level on the 0.167% on the part of the Defendant. At this point, the Defendant was an intersection where signal, etc. is installed at the front side of the E elementary school, and thus, the Defendant was obliged to take care of the duty of care to prevent traffic accidents by accurately manipulating the steering gear and brakes.
Nevertheless, under the influence of alcohol, the Defendant suffered from the Defendant’s occupational negligence that did not show the front door properly, the lower part of the Victim F (F, South, 48 years old) passenger car at the front section of the Defendant’s signal at the Defendant’s front section of the said passenger car, resulting in the Defendant’s injury to the Victim F, such as salt, tensions, etc. of the chill in need of approximately three weeks of treatment, and the Victim H (W, 46 years old), who is the passenger of the said car, suffered from the injury, such as the chill, tension, etc. of the chill in need of approximately three weeks of treatment.
2. Around 20:55 on April 17, 2020, the Defendant driven a 1.5km vehicle while under the influence of alcohol of about 0.167% of blood alcohol level from J in Gangnam-si I to D located in Gangseo-si C.
Summary of Evidence
1. Defendant’s legal statement F, each written statement of H, circumstantial statement of his driver, and notification of the results of the regulation of drinking driving;
1. Application of Acts and subordinate statutes, such as a fact-finding survey report, on-site photograph, a CCTV image photograph to the scene of an accident, and medical records;
1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.