특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for six 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 engaging in driving a B franchise;
On February 3, 2019, at around 02:50, the Defendant driven the said car under the influence of alcohol with 0.117% of alcohol level 0.17%, and led to the driving of the said car in front of the D parking lot in Yansan-gu Seoul Special Metropolitan City along the front line from the front line of the funeral hall E to the front line.
A person engaged in driving of a motor vehicle shall not operate a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and as a person is at night and at the time, he/she has a duty of care to prevent accidents by driving the motor vehicle in advance by checking well the left.
Nevertheless, when the Defendant neglected to perform such duty of care while under the influence of alcohol level 0.117%, the Defendant did not find out the victim F who walked on the right side of the Defendant’s driving in the direction of the Defendant’s driving, and did not see the victim F (EM, 55 years old) beyond the victim’s left bridge by shocking the part of the victim’s driving ahead of the right side of the said car.
As above, the Defendant suffered, as a result, from the occupational negligence of driving the said motor vehicle in a situation where normal driving is difficult due to the influence of drinking, the victim suffered approximately three weeks of medical treatment, such as the following legs, and the details of unclear parts.
2. Around 02:50 on February 3, 2019, the Defendant: (a) driven B-low-water vehicle under the influence of alcohol with a blood alcohol concentration of about 0.117% from the parking lot of H convalescent hospital G located in Yansi-gu Seoul Metropolitan City to the front road of the D parking lot located in the same Gu C from about 100 meters to the day before the D parking lot located in the same Gu C.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident actual condition survey report, and photograph of an accident vehicle;
1. Notification of the results of the control of drinking driving, the report on the state of driver's standing, and the report on whether to drive any danger; and