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
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 B JYMAX125E motor bicycle;
On April 29, 2019, at around 17:55, the Defendant driven the above motorcycle while under the influence of alcohol of 0.174%, and driven the direction D from C University at the entrance of the defensive sports park.
At all times, there was a duty of care to drive a motor vehicle in the intersection with a signal apparatus as a person who is engaged in driving a motor vehicle in accordance with the signals.
Nevertheless, the Defendant neglected this and got the victim E (the age of 14) who dried the crosswalk in accordance with the pedestrian signals at the place where the Defendant was negligent in proceeding with the red signal in contravention of the signal, and instead got the victim E (the age of 14) as the above motorcycle.
As such, the Defendant driven the above motorcycle in a state where it is difficult to drive it normally due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks.
2. Around 17:55 on April 29, 2019, the Defendant driven a B-to-be under the influence of alcohol leveling 0.174% of alcohol leveling to approximately 2 km at the front of the Ulsan-dong, Ulsan-dong, Ulsan-gu, the entrance intersection of the defensive power sports park.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of the G production;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);
1. A medical certificate;
1. Application of Acts and subordinate statutes to investigation reports (field situations, etc.);
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018) concerning the crime;
1. Imprisonment with prison labor for each choice of punishment;