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 engaged in the operation of the EXE car.
1. On April 6, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car while under the influence of alcohol level of 0.131% on Apr. 6, 2019, thereby driving the said car in the direction of the C market from the boundary of the athletic field in Songpa-gu Seoul Olympic-ro 42,000 Olympic-ro.
At the time, the Defendant, under the influence of alcohol, sniffed, sniffed, stringed, was in difficult condition to drive normally, and the place was installed with the center line of yellow-ray and the vehicle is proceeding on the front side, and thus, there was a duty of care to prevent accidents, such as thorough operation of electric-way and safe driving of the vehicle.
Nevertheless, under the influence of alcohol, the Defendant was unable to avoid the Esch Rexroth car driven by the victim D (EW), who was frighter in the opposite direction of the Defendant at the time when the Defendant was negligent in driving a stroke while running a stroke in the middle line, and received the front part of the said frighter vehicle from the Defendant’s driver.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to drinking, and suffered injury, such as the soften-day therapy, which requires the victim to receive approximately twelve weeks of medical treatment.
2. The Defendant, while under the influence of alcohol content of 0.131% at the time and place specified in paragraph (1) of this Article, driven the above EXN car at the 1km section from the Samsung Station located in Samsungdong in Gangnam-gu Seoul to the place of accident specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A traffic accident inspection report, a report on detection of a driver, an investigation report (report on the circumstances of an employee), and an employee;