특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not more than ten 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. On December 16, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) driving a motor vehicle at DNscoo coo in the direction of the water source while under the influence of alcohol by 0.154% in blood alcohol concentration in Suwon-si B at Suwon-si on December 14:35, 2018.
In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents in advance.
Nevertheless, the Defendant neglected to do so and was driven by the Victim F(35 years of age) who is under way at the rest of alcohol due to negligence on the part of the other right-hand part of the vehicle under the influence of the Defendant’s driver’s license.
As a result, the Defendant driven the said car in a situation where it is difficult to drive it normally due to the influence of drinking, such as a delay in red and cognitive reactions, and thereby, suffered injury to the victim, such as the light dump, tension, etc. for about two weeks of treatment.
2. On May 28, 201, the Defendant received a summary order of KRW 1,00,000 from the Suwon District Court to a fine for the crime of violating the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on September 9, 201, respectively.
At around 14:35 on December 16, 2018, the Defendant had been punished twice or more due to drunk driving, but was under the influence of alcohol with a blood alcohol concentration of about 0.154% at the 7km section from the Escopic bottle to the front road of Suwon-si, Suwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. A H statement;
1. A traffic accident report, a survey report, and an accident site photograph;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. The investigation report (the details of the statement of the victim);