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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal record] On May 15, 2015, the Defendant was sentenced to suspension of indictment for a violation of the Road Traffic Act at the Daegu District Public Prosecutor's Office on the grounds of the violation of the Road Traffic Act, and was sentenced to a summary order of a fine of one million won at the Daegu District Court on June 4, 2018 and was issued two or more times for the same crime.
【Criminal Facts】
1. Around 01:05 on December 1, 2018, the Defendant driven a e-learning car under the influence of alcohol by 0.201% with a blood alcohol concentration of about 20 meters from the C parking lot located in Daegu-gu B from around 01:05 to the front road of the same Gu.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving motor vehicles;
On December 1, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.201% 0.201% around 01:05, and led the front road of Daegu-gu to drive the said car at the Fside from the seat of the C parking lot.
Since there have been a narrow road and frequent passage of pedestrians, there was a duty of care to prevent accidents in advance by properly manipulating the brake system if there is a pedestrian while living well for the driver of the motor vehicle.
Nevertheless, the Defendant neglected this and neglected to operate the brakes properly under the influence of alcohol, and led the victim G (the age of 22)'s left side, which was located on the road, to the front of the right side of the said car.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as the salt, tension, etc. of the boom that requires medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of the police officer with regard to G.