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. 도로교통법위반(음주운전) 피고인은 2016. 10. 7. 01:15경 경기 성남시 분당구 삼평동 627 넥슨코리아 앞 도로에서부터 같은 구 B에 있는 C 부근 도로에 이르기까지 약 7km 구간에서 혈중알콜농도 0.177%의 술에 취한 상태로 D 싼타페 승용차를 운전하였다.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to two-lanes between the three-lanes of the three-lanes of the road in the vicinity of paragraph 1, by driving the said low-speed car and the said high-speed car.
In this case, the driver of a motor vehicle has a duty of care to properly see the front left and to prevent the accident by accurately manipulating the steering direction and the brake system of the motor vehicle.
Nevertheless, the Defendant neglected to do so and instead, was driven under the influence of alcohol concentration of 0.177%, which is the degree of her string, and the Defendant was driven under the influence of alcohol by the victim E (75 years old) who was parked in the front part of the Defendant’s vehicle when she was driven by the victim E (75 years old) who was parked in the front part of the Defendant vehicle.
As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as brain salvy which requires medical treatment for about three weeks.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A traffic accident report (1) (2);
1. A report on detection of a host driver;
1. A medical certificate;
1. Application of Acts and subordinate statutes governing vehicles and field photographs;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The suspended execution is against Article 62(1) of the Criminal Code.