특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of B-learning passenger cars.
On April 27, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.194% during blood transfusions on April 27, 2017, and changed the three-lane prior to C from the waterside to the same one-lane from the waterside to the waterside.
Since there are three-lanes of traffic of other vehicles, a person engaged in driving of a motor vehicle has a duty of care to take into account the right and the right and the right and the right and the right and the right and the right and the right and right and duty of care to change the course when changing the course.
Nevertheless, under the influence of alcohol, the Defendant neglected to change the vehicle line to the left-hand side as it is and proceeded with the part above the left-hand side of the Defendant’s vehicle of the victim D (son, 30 years of age) drive E in the case of the victim D (Seoul, and 30 years of age) driving.
Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury such as light salt, which requires approximately two weeks medical treatment to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to prepare the amnesty with D;
1. Application of Acts and subordinate statutes to traffic accident reports, inspection reports on the scene of accidents, photographs of the scene of accidents, photographs of the vehicle involved in accidents, circumstantial statements of the driver involved in driving, and medical certificates;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reasons for sentencing under Article 62(1) of the Criminal Act (contributating favorable circumstances among the reasons for sentencing) - the driving of drinking and the occurrence of accidents caused by it.