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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant is a person engaged in driving a B observer car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On January 31, 2017, the Defendant driven the said car under the influence of alcohol level of 0.204% from blood alcohol level around 22:00, and proceeded three lanes from the four-lanes in front of Seojin-gu Seoul Special Metropolitan City(Seoul), Jeonjin-gu(Seoul Special Metropolitan City) toward the speed of about 40 to 50km from the long-term hospital at the seat of Seojin-gu Special Metropolitan City(Seoul Special Metropolitan City).
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the road traffic situation on the front side and driving the steering gear in a safe way.
Nevertheless, due to the negligence of the Defendant’s negligence while under the influence of alcohol and without permission, the Defendant got a part of the Defendant’s vehicle behind the Defendant’s vehicle driving F. F. F. F. F. F. F. Doing the speed of the Defendant’s vehicle at the front of the Defendant’s vehicle.
As a result, the Defendant suffered climatic salt and tensions that need to be treated for about two weeks due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking.
2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant in the state of alcohol alcohol concentration of about 0.204% at the section of approximately 3km from the road front of any restaurant located in the Sonsan-gu, Gyeongdong-gu, Seoul Special Self-Governing City to the front road located in Seojin-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. A report on whether to drive any danger;
1. A survey report on actual conditions;
1. Response to a request for appraisal;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act shall apply, respectively;