특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for a term of one year and three 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 Class B truck.
1. Around 15:42 on May 7, 2020, the Defendant was driving the Poter truck under the influence of alcohol with a blood alcohol concentration of 0.235% at a section of about 4 km from the Do in front of the D in Busan City to the same Young-si Intersection in the same city.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) operated the above Poter trucks around the time set forth in paragraph (1) and proceeded to turn to the left from the clock on the right edge of the two lanes of the two lanes of the two lanes in the direction of the Sinsan-do New
Since there was an intersection, there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle with a view to the right and the right of the motor vehicle.
Nevertheless, as described in Paragraph 1, the Defendant, while driving a vehicle in a state of difficulty due to the influence of drinking, such as rhym and drhym of walking while under the influence of alcohol, went away from the vehicle and driven the vehicle, due to the occupational negligence of the Defendant’s driving. In line with the direction of the Defendant’s driving, the front part of the victim E (E, South, 30 years old) driving, which was signaled and stopped in the direction of the Defendant’s driving, was shocked.
As a result, the Defendant suffered injury to the victim due to the occupational negligence as seen above, such as the definite finite, which requires treatment between two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation reports on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, investigation reports on the circumstances of drinking drivers, and application of Acts and subordinate statutes to medical certificates;
1. Relevant Article 5-11 (1) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 1, and 44 (1) of the Road Traffic Act, and the
1. The Criminal Act among concurrent crimes.