특정범죄가중처벌등에관한법률위반(위험운전치상)등
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On November 12, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking on drinking), and a summary order of KRW 2 million for the same crime in the same court on July 22, 2016, respectively.
[Criminal facts]
1. The Defendant is a person who is engaged in driving a vehicle B in high-speeding vehicle B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
According to evidence of not less than 0.03% alcohol concentration in blood, the Defendant’s blood alcohol concentration is 0.219%, according to the Defendant’s blood alcohol concentration of not less than 0.03% on October 10, 2020, Seo-gu, Seosan-gu, Busan-si, Seoul-si.
However, the facts charged cannot be acknowledged ex officio without changing the indictment, because it is more unfavorable to the defendant than the facts charged (0.125% in blood alcohol concentration). Thus, the facts charged were modified as above.
While under the influence of alcohol, from the long distance of the Goyang Sports Center to the long distance of the Goyang General Sports Center.
Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely operate the brake and steering gear in accordance with the signals.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and due to negligence in failure to properly operate the brake system, the Defendant received the part of the front panion of the vehicle following the ebbs E220 vehicle driven by the victim D ( South, 47 years old) who was waiting in the front of the signal in accordance with red signals.
Accordingly, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim F (V, 47 years old) who was on board the above victim D and the above benz vehicles, such as salt, tensions, etc. in need of approximately two weeks of treatment.
2. The defendant is in violation of the Road Traffic Act (drinking driving) at the place described in paragraph (1) from the roads adjacent to the Dong-gu, Busan Metropolitan City in the ancient city at the time specified in paragraph (1).