특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Defendant shall be punished by imprisonment for a term of one year and two 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
On November 1, 2013, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act from the Daejeon District Court's branch court.
1. Around 16:40 on February 15, 2020, the Defendant driven a vehicle A200 benz under the influence of alcohol 0.166% in approximately 3km section from C Bank located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Dong-gu, dong-gu, Yan-gu, Yananan-si to D.
2. On February 15, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving the said car under the influence of alcohol with blood alcohol concentration of 0.166% on the roads in front of the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on February 16, 202, and driving the said car at an insular speed from the surface of the F Hospital to the boundary of the Southern mountain Zone.
The location is an intersection where signal lights are installed, and there are automobiles standing in the signal signal, so there was a duty of care to live well on the part of the driver of the vehicle, and to safely operate the steering gear and brakes, and to prevent accidents by safely driving them.
Under the influence of alcohol, the Defendant was negligent in not operating the operating system properly, and the part of the lower part of the H bargaining car driven by the victim G (the age of 32) who was standing in the front line of the Defendant’s vehicle was driven by the Defendant as the front part of the passenger vehicle.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as fladratitis which requires treatment for about two weeks to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. A traffic accident report and a report on the occurrence of a traffic accident;
1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;
1. A medical certificate;
1. On-site photographs;
1. Previouss before ruling: Criminal history records, inquiry reports, and investigation reports (Attachment to sound driving records);