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
The defendant is a person who is engaged in driving a B-Wood vehicle.
On May 26, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.155% 0.15%, while under the influence of alcohol around 02:35 on May 26, 2019, and led the Defendant to drive the said car in accordance with one lane between the two-lanes of sports range and the three-lane of sports range in front of the Dong patrol team building located in the West-gu, Western-gu, Seoan-gu.
At the time of the defendant's war, the D-cracked car driven by the victim C(59 years old) was stopped for the signal waiting, and thus, the driver of the vehicle had a duty of care to look at the front side well and accurately operate the brake system to prevent the accident in advance.
The Defendant, while under the influence of alcohol, did not neglect it and did not properly operate the operation of the operation system, conflict with the front part of the said car by occupational negligence.
As above, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as salt pans, tensions, etc., which requires approximately two weeks of medical treatment, and injury to the victim E (the 28-year-old) who is the passenger E (the 28-year-old-old-old-age-old-old-old-old-old-in-car treatment.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;
1. Report on the statement of the state of drinking drivers, notification of the results of the drinking driving control, and measuring instruments and photographs;
1. Response to a written diagnosis or request for entrustment;
1. Application of Acts and subordinate statutes governing accident site photographs;
1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of causing danger driving) concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.