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
The Defendant is a person who is engaged in driving a NEW EF rocketing car.
On March 31, 2018, the Defendant driven the above vehicle under the influence of alcohol content of 0.146% among blood transfusions on March 23:50, 2018, and proceeded with the two-lane roads of 13-line National Highway 13-lined in front of the upstream village in the front of the Southern Jinjin-gun in the front direction, along the two-lane distance from the front direction to the front direction.
At the time, in such a case, the driver is at night, and in such a case, the driver has a duty of care to reduce the speed and properly operate the steering direction and brakes, and even though there is a duty of care to safely drive by accurately manipulating the steering direction and brakes, he neglected it while under the influence of alcohol and neglecting it in a state of difficulty in normal operation, and caused the victim C's driver who was proceeding at the front of the driving direction by neglecting it in a state of difficulty in normal operation at the front of the driving direction, and the part of the driver's vehicle behind the right side of the driver's vehicle by the defendant.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim E, who was accompanied by the said victim C and the damaged vehicle for about three weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. C's written statement related to traffic accidents;
1. The application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs and explanations, a circumstantial report on dangerous drivers, a survey report on the site of death or injury caused by dangerous driving, and a written diagnosis;
1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the crime committed against C with heavier penalty.