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 Risk Driving) (the Defendant driving) driven the said vehicle around 03:30 on May 19, 2016, while driving the said vehicle at around 03:30, the Defendant driven the said vehicle at a speed of two lanes from the shooting distance of the Maritime Culture Center to the mountain basin.
At the time, since the passage of the intersection is at night and at the crosswalk, there was a duty of care to prevent accidents in advance by properly examining the embankment, such as reducing the speed and maintaining the safety distance for those engaged in driving of the motor vehicle.
The Defendant neglected to do so, and instead, took part of the part concerning the rear part of the victim E(57 years old) drive, which was waiting for the signal on the front side of the same lane by the negligence while in the state of a red and walking without a strong distance, as the front part of the vehicle operated by the Defendant.
As above, 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, which requires medical treatment for about two weeks.
2. A violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol at approximately 100 meters of alcohol level 0.144% in a section from the 100-meter radius to the D-road located in the seat of Busan Maritime Transportation Daegu (hereinafter referred to as “FF”) at a temporary border, such as paragraph (1) of this Article.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of occurrence of traffic accidents prepared by E;
1. A traffic accident report;
1. Report on detection of a host driver and report on the circumstances of a host driver;
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 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, etc., and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act.