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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car B lowest
At around 21:00 on April 11, 2020, the Defendant driven the above low-speed car while under the influence of 0.108% of blood alcohol concentration, leading the front road of Mayang-si to the upward from the erode side.g.
At this time, it was difficult for a person engaged in driving service to look at at night at the bend, where the center line of the yellow-ray is installed, so there was a duty of care to thoroughly see the front-time situation and to safely proceed with it.
Nevertheless, under the influence of alcohol, the Defendant, while neglecting it, forced the traffic signs, etc. installed on a road that gets close to the center line by negligence, to be shocked with the front part of the passenger vehicle in front of the Defendant’s driving, and to be applied to the drain way on a road that meets the above low-speed car.
Ultimately, the Defendant, while driving the said high-speed car in a situation where it is difficult to drive the car normally due to influence of drinking, suffered injury to the victim D, who is a woman living together with the said high-speed car (53 years old), for about 12 weeks of medical treatment.
2. The Defendant violated the Road Traffic Act (driving a sound driving) driven the said low-speed car in a drunken state with a blood alcohol concentration of about 4.7 km from the front of the permanent market to the place referred to in paragraph (1) on which it is difficult to identify the specific address below the luminous-dong in a temporary light, such as paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. Investigation report (report on the circumstances of an immigration driver);
1. The circumstantial report;
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922, Feb. 4, 2020) as to the crime and the provision of the Act on the Aggravated Punishment, etc