특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment with prison labor for not more than ten 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. The Defendant is a person who is engaged in driving a vehicle C New S450 more in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).
On April 8, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.185% during blood transfusions, while normal operation is difficult, and led the king mountain distance from the use of oil in Jung-gu Incheon, Jung-gu, Incheon, to the use of oil at an indefinite speed.
At the time, it is at night and at a distance no longer straight, so in such a case, the driver has the duty of care to make a right-hand or right-hand turn safely by making a full-time and right-hand turn to the person engaged in driving service.
Nevertheless, under the influence of alcohol, the Defendant received signal apparatus in front of the Defendant’s vehicle by negligence while neglecting it.
The Defendant suffered injury to the victim D (n, 28) by negligence in the course of performing such duties, such as spine in need of approximately 12 weeks medical treatment.
2. When the Defendant was under the influence of alcohol level of 0.185% during the day-to-day alcohol level, as indicated in paragraph 1, the Defendant driven a car more than C 450 km from the front day of the Incheon Jung-gu Incheon Council, Jung-gu, 755, to the place where the said accident occurred.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A traffic accident report (1) a survey report on actual condition and a traffic accident report (2) a survey report on actual condition;
1. A response to a request for appraisal, a alcohol appraisal, and a report on the detection of the driver involved;
1. A medical certificate;
1. Application of Acts and subordinate statutes, such as site photographs of accidents;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act and Article 148-2 (2) 2 of the Road Traffic Act, and choice of imprisonment with prison labor
1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;