특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving B QM3 automobiles.
On January 27, 2019, the Defendant driven the said car under the influence of alcohol of 0.119% with a blood alcohol concentration of 0.10% around 03:10, and led to two-lanes from the two-lanes in front of the opening of the tunnel in the vicinity-gu Busan Metropolitan City, which is located in the boundary of the Busan Metropolitan City Highway.
At the same time, the vehicle at night and in the front of the road is stopped, and thus, the driver of the vehicle has a duty of care to prevent the accident in advance by driving the front door and the steering and steering system accurately.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care and neglected to stop the operation of road facilities at the two-lanes in the front bank by negligence, received the part of the victim C(63 years old)'s driving vehicle, following the left side of the D Poter freight, which was stopped for the operation of road facilities at the two-lanes in the front bank.
As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as light fluoral salt, etc. which requires medical treatment for about two weeks.
2. Violation of the Road Traffic Act (LA) driving the above B QM3 vehicle under the influence of alcohol by about 40km from the road in front of the Defendant’s residence in Ulsan-gu, Ulsan-gu, Busan-do to the front road in front of the opening of the urban highway, luminous tunnel, which is located in the Southern-gu, Busan-do.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to photographs, including a survey report on actual condition of drinking driving, a report on the results of the control of drinking driving, a report on the situation of drinking drivers, a report on the actual state of standing, an accident site, and a medical certificate
1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.