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
The Defendant is a person who is engaged in driving service of B 107cc.
On January 4, 2020, at around 03:00, the Defendant driven the above otoba while under the influence of 0.247% of blood alcohol concentration, and driven the above obaba, along three-lanes from the side of the main commercial zone, the Defendant proceeded along three-lanes from the side of the main commercial zone with three-lanes in front of the D (excluding bus exclusive lanes installed at the center of the road). At that time, the Defendant had a duty of care to immediately stop driving to a person engaged in driving service. In such cases, the Defendant had a duty of care to immediately stop driving.
Nevertheless, the Defendant was negligent in failing to properly operate the steering gear and brakes while under the influence of alcohol, and due to the negligence of neglecting the steering gear and steering apparatus in a state of alcohol, and received the back part of the F rocketing cab driven by the victim E (Nam, 47 years old) who was under normal driving at the front line of the said three-lane-lanes.
Ultimately, the Defendant, as seen above, sustained injury, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of medical treatment, by driving an Oral boom in a state where normal driving is difficult due to influence of drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Police statements of E;
1. A medical certificate;
1. Requests for appraisal;
1. Investigation report on the actual condition of a traffic accident and report on the occurrence of a traffic accident;
1. On-site and vehicle photographs;
1. Application of the Acts and subordinate statutes governing black booms and video CDs for damaged vehicles;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Articles 5-11 (a) and 148-2 (3) 1 of the Road Traffic Act, and Article 44 (1) (a point of driving under hazard) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;