특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
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
【The Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Changwon District Court’s branch on January 13, 2009. On June 3, 2009, the Defendant was sentenced to a suspended sentence of five months for the same crime at the same court on June 3, 2009. On November 28, 2014, the Defendant was sentenced to a suspended sentence of eight months for the same crime at the same court.
【Criminal facts】 The Defendant is a person who is engaged in driving a motor vehicle B-Wood.
On March 18, 2018, the Defendant, while under the influence of alcohol 0.137% during blood transfusion, was influenite, colored, red, walked, and walked, the Defendant driven the said car in a state that it is difficult to drive it normally, and driven it along the two-lanes of the two-lanes between the two-lanes of the front door of the front door and the front door of the road near D located in Tong Young-si, Young-si.
Under the influence of alcohol, the Defendant was negligent in driving the brakes of the above vehicle while driving the vehicle, and the part of the Defendant’s vehicle front part of the victim E (36 tax) who was in the front of the Defendant’s vehicle, while driving the vehicle in front of the Defendant’s vehicle, and received a part of the Fpoter car following the Defendant’s vehicle in front of the vehicle.
As a result, the Defendant, who violated the prohibition on drinking at least two times, drives a motor vehicle under the influence of alcohol again in violation of the above provision, and was driving a motor vehicle under the influence of drinking, and suffered bodily injury such as salt, tension, etc. by driving the motor vehicle under the condition that it is difficult to drive it normally due to the influence of drinking.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident-related statement of E;
1. A report on the occurrence of a traffic accident, a traffic accident scene map, a statement on the circumstances of the driver of a vehicle driving, a report on the results of crackdown on drinking driving, a survey on actual condition, an on-site photograph and a medical certificate;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);
1. Facts constituting the crime causing bodily injury to a driver who is in danger of the relevant provision of the Act;