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
On June 16, 2014, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on May 24, 2016, the Defendant received a summary order of KRW 2 million for the same crime in the same court.
Criminal facts
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 low-
around 01:55 on April 29, 2016, the Defendant was driving the said car at a public parking lot for the Dmotour located in C at the time of Smoto.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by taking into account the front side and the left side.
Nevertheless, the Defendant, while driving under the influence of alcohol concentration of 0.126% while normal driving is difficult, conflicts with the part of the victim E (the age of 60) in front of the car of the Defendant with the part of the victim E (the age of 60).
Ultimately, the Defendant suffered injury to the above victim by occupational negligence during approximately three weeks of medical treatment.
2. Around 01:55 on April 29, 2016, the Defendant driven a B low-speed car while under the influence of alcohol of about 0.126% at a distance of about 3 meters from a public parking lot in Drata located in Drata C.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Statement of traffic accident occurrence situation in preparation E;
1. The actual condition survey report and photographs;
1.Notification of the drinking control result, the report on the state of drinking drivers, and the report;
1. On-site report (CCTV image and statement of suspect);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Articles 5-11 and 148-2 (1) 1 and 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;