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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 02:50 on February 4, 2017, the Defendant driven CWz car under the influence of alcohol content of about 0.154% from the 500-meter section from the 405-way road to the front road of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, to the 405-way road.
2. The Defendant is a person engaging in driving a car at Cenz.
On February 4, 2017, the Defendant, while under the influence of alcohol, driven the said benz car at around 02:50, as indicated in paragraph 1, led to the running of the said benz car to the intersection of urban railroad works from the border crossing of Dongdaemun-gu Seoul Metropolitan Government.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front door and brakes, etc.
Nevertheless, the Defendant, who neglected to serve in the influence of alcohol, was negligent in driving the back part of the E rocketing taxi driver’s cab while waiting for the signal in front of the Defendant, with the part of the Defendant’s driving prior to the passenger car.
As a result, the Defendant, while driving the said Benz car in a situation where normal driving is difficult due to the influence of drinking, suffered injury to the victim FF (47 Do) who was on board the said rocketing taxi, due to the influence of drinking, such as cryp and dump fump to undergo approximately two weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Each statement of D and F;
1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, photographs related to accidents, a statement on the circumstances of the driver at home, a report on detection of the driver at home and a medical certificate;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;