특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment 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. Around 17:49 on May 14, 2019, the Defendant driven a DNA car with a blood alcohol content of about 0.172% from the 1km section to the front road of the children’s park located in the new flag-dong, which was under the influence of alcohol, from the front road of the children’s park located in the summer-dong, to the front road of the C Hospital located in the summer-si B.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) is a person engaging in driving a DNA franchise XG car;
On May 14, 2019, at around 17:49, the Defendant driven the said car while under the influence of alcohol and continued to drive the four-lane road in front of C Hospital B at the time of leisure according to three-lanes from the distance of new engineers to the distance of two service.
At the time, the defendant's front side had a duty of care to maintain the distance from the front vehicle and safely drive the driver's vehicle, since the third cargo vehicle driven by the victim E (the age of 43) was in progress in the same lane.
Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to the above influence of drinking, and neglected to do so, and thereby was sealed as the front part of the franchise XG car, and received the third truck back to the third truck.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking 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, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the selection of imprisonment with labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;