특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
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
The defendant is a person who is engaged in driving a BM5 car.
1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving on June 5, 2020, while driving the said vehicle under the influence of alcohol level of 0.131% on blood alcohol level around 19:17, and driving the front road of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the roads of the front of the Seoul, at the direction of the
In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system.
Nevertheless, the Defendant neglected this and sniffed in the entrance, sniffed, red, red, and, as long as he neglected to drive normally in the state of difficulty due to influence of alcohol such as a string distance, due to occupational negligence, which caused the victim D(48 years old) who was stopped due to the string of the vehicle at the front of the driving direction of the Defendant at the time, and received the part of the driver behind the vehicle in front of the Defendant’s driving vehicle.
As a result, the Defendant suffered from the victim F(the age of 45) and the victim G(the age of 35) by occupational negligence, respectively, about two weeks in need of treatment.
2. The Defendant was under the influence of alcohol level of 0.131% on the date and time set forth in paragraph (1) of the Road Traffic Act, and driving the said vehicle from the I cafeteria parking lot located in Geumcheon-gu Seoul Metropolitan Government to the said accident site.
Summary of Evidence
1. Defendant's legal statement;
1. Results of the video verification by this court;
1. Statement on the occurrence of each traffic accident;
1. Traffic accident report, investigation report, and circumstantial statement report of the employee concerned;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;