특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than eight 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
1. On March 23, 2017, the Defendant: (a) driven a B-co-owned bit car under the influence of alcohol level of approximately 0.137% in the section of approximately 1km from the 1km to the road located in front of the Bank of Korea located in the Gangseo-si, Gangnam-si, Gangwon-do; and (b) on March 23, 2017, the Defendant driven a B-type bit car under the influence of alcohol level of around 0.137% in alcohol level.
2. The Defendant is also a person who is engaged in driving a bareboat cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
The defendant driving the above cargo vehicle at the time of the day specified in paragraph 1, and proceeded with the road of one Do in front of the Bank of Korea located in the Gangseo-si 2063, which is located in the city of Gangseo-si.
At the time, there was a road where the center line of the yellow-ray was installed at night, so in such a case, there was a duty of care to safely drive the car along the car line by accurately manipulating the steering gear and operating the steering gear.
Nevertheless, the Defendant neglected to perform the above duty of care under the influence of alcohol as described in Paragraph 1 and neglected to commit the center line, and was under the influence of the Defendant’s course in the opposite part of the Defendant’s running direction, D 130 driving of the victim C(W, 55 years old) who was driving in the opposite part of the Defendant’s running direction, received the front part of the said cargo vehicle.
Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as a plebling of a chest that requires approximately four weeks of medical treatment, to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A traffic accident report;
1. Notification of the results of regulating the driving of drinking, the circumstantial report on the driver of drinking, and the report on whether to drive any danger;
1. An accident scene photograph;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.