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
1. The Defendant is a person who is engaged in driving a vehicle C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On October 28, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.20% among blood transfusions on October 28, 2017, and proceeded with the national highways D. 28 in front of Gyeongbuk-gun, Gyeong-gun, Gyeongsung-gun, Gyeong-do, in the d. Sc. face of gold.
Since there is a center line of yellow solid lines, in such a case, the driver of the motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to safely operate the motor vehicle.
Nevertheless, the Defendant neglected to drive under the influence of such drinking as above, and caused the injury of the victim E (58 years old) who was going to the center line due to the Defendant’s failure to drive under the influence of such drinking, and caused the Defendant to shock the front part of the driver’s left-hand side of the driver’s vehicle of the Defendant to the left-hand side of the driver’s vehicle of the victim E (58 years old) driving, which was going to the direction of the Defendant’s running. Ultimately, the Defendant caused the Defendant’s negligence on the part of the above duty to inflict the victim E with the injury of a scar, such as a string, etc. of a scar, which requires approximately 3 weeks of medical treatment, and suffered the injury of the victim G (the 60 years old) who is the passenger of the said vehicle,
As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.
2. The Defendant was under the influence of alcohol level of 0.20% from blood alcohol level during the day-to-day border, as described in paragraph 1, driving C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A report on the occurrence of a traffic accident and a survey report on actual condition (including on-site photographs);
1. The fact of regulating driving of alcohol;