특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than eight months.
except that 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 September 10, 2016, the Defendant was under the influence of alcohol with 00:45% of alcohol concentration 0.196% and was under the influence of alcohol, but it was difficult to drive normally, such as smelling and snow snowing, but the Defendant driving of Brocketing car and driving it along the intersection in the direction of Daejeon Pream Zone, which is located in the fourth-lane of Daejeon Pream-gu, with the direction of about 50km in speed from the direction of A, the Defendant proceeded at the speed of about 50km along the two lanes from the direction of A, in the direction of Daejeon.
At the time, there was night, and there was a crosswalk where a red-off signal was installed at the front door, so in such a case, the driver of the motor vehicle had a duty of care to prevent the accident by properly operating the brake system after making a temporary stop before entering the intersection and properly operating it.
Nevertheless, the Defendant neglected this and did not temporarily stop due to negligence while driving on the right side of the driving direction, which was driven by the victim C (the age of 56) who was driving from the right side to the intersection in accordance with the new code, received the front portion of the DNA cruise car from the right side of the said rocketing car.
Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, resulting in the Defendant’s loss of a pleke wall, which requires approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. The actual condition survey report, photographs, the main driver's license report, and the report on the actual status of the main driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. 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 concerning the crime, the selection of a sentence for imprisonment, and the choice of a sentence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The sentencing of Article 62(1) of the Criminal Act is suspended.