특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
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 engaged in driving B-learning automobiles.
On May 15, 2020, the Defendant driven the above car at around 19:45, and driven the four-lane road in the distance of the government office station in the Seo-gu Daejeon, Seo-gu, Daejeon, with the main four-lane-distance distance from the area of the bamboo prevention distance to the main four-lane-distance distance.
At the same time, there was an intersection where signal apparatus is installed at the front of the road, so in such a case, the person engaged in driving service has a duty of care to check whether there is a vehicle waiting for signal by reducing speed and checking well the front door, and to safely drive the traffic signal and prevent the accident in advance.
Nevertheless, the Defendant neglected to perform the above duty of care due to the c. 0.204% alcohol concentration in alcohol, and was negligent in the Defendant’s occupational negligence, which led to the Defendant’s failure to stop in the front of the vehicle due to the Defendant’s vehicle stop c(here, 40 years old)’s failure to stop in the front of the vehicle.
As a result, the Defendant driven the above-learning car in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injury, such as climatic salt, which requires approximately two weeks of medical treatment.
2. Around 19:45 on May 15, 2020, the Defendant, while under the influence of alcohol at a 0.204% alcohol level, operated the B-learning car on the roads near Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon along the N-gu, Seo-gu, Daejeon along the four-km section of the government office building.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. A written diagnosis of the police statement of C;
1. The report of traffic accident, the survey report of actual condition, the field photograph, the circumstantial statement of the drinking driver, and the notification of the results of the crackdown on drinking driving, respectively; and