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
[Criminal Power] On March 5, 2019, the Defendant received a summary order of KRW 1,50,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】
On September 29, 2019, the Defendant was under the influence of alcohol at 07:05:05, while driving an occupational BMW320D car, and the Defendant was under the influence of driving the bMW320D car, and the Defendant was under the influence of driving the 2nd entrance from the Guamambro to the Gunambrotoluth of the coastn Highway, which is located at the 560th of Simsan-si, Simsan-si, Simsan-si, the Defendant was under the influence of drinking, such as he was under the influence of alcohol, and was under the influence of failing to properly see the electric direction without accurately operating the brake and steering gear.
Ultimately, the Defendant suffered injury to the victim C (V, 26 years of age) who was on board the said car with the foregoing occupational negligence, such as salt, tension, etc. in need of treatment for about three weeks, and violated the provision on prohibition of driving a motor vehicle under the influence of alcohol at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A survey report on actual condition, an accident site photograph, notification on the results of the regulation of drinking driving, a report on the circumstantial statement of a drinking driver, a report on whether to drive any danger, and a medical certificate;
1. Previouss before judgment: Criminal history records, reply reports, investigation reports (Evidence Nos. 23) and the application of Acts and subordinate statutes;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.