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. On February 12, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving BM passenger cars with blood alcohol concentration of 0.196% under the influence of alcohol level around 05:35 on February 12, 2019, and led the front road of Daegu mid-gu C in the direction of the calculation distance from the half-month room.
The defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side, and by accurately manipulating the steering gear, etc.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to operate the operation of the operation system while driving, led the victim D(73 years of age) who stopped for the signal atmosphere at the front of the passenger car of the Defendant, to the front part of the passenger car of the Defendant.
As a result, the Defendant suffered injury to the victim D, such as catum salt, etc., for about two weeks of medical treatment, and catum salt, etc., for the victim F (20 years of age), who is a taxi passenger, for about three weeks of medical treatment, respectively.
2. On February 12, 2019, at around 05:35, the Defendant driven BMW car in the state of alcohol alcohol concentration of about 0.196% at the section of about 10km from the Do near the new basin of Daegu Suwon-gu to the front road of Jung-gu, Jung-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of D traffic accidents;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on the statement of the situation of a drinking driver, written appraisal of blood alcohol, and inquiry into the results of the control of drinking driving;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Dec. 24, 2018 and enforced June 25, 2019) concerning the crime;
1. Selection of each sentence of imprisonment;