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
On October 26, 2012, the Defendant issued a summary order of KRW 5 million in Seoul Eastern District Court for a violation of the Road Traffic Act (drinking driving), and on September 13, 2012, a summary order of KRW 5 million in a fine of KRW 1 million was issued for the same crime, etc.
1. On January 11, 2018, the Defendant: (a) driven a FMW car under the influence of alcohol content of 0.199% in alcohol while under the influence of alcohol while driving the FMW car from the roads near the Hannam-si Office, the Hanam-si, the Hanam-si, the Hannam-si, the Hannam-si, the Hannam-si, to the roads front of the E elementary school located in D.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
2. The defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) has driven the said car at the time of the above day while it is difficult to drive it normally due to the influence of alcohol and has driven the three-lane road in front of the E elementary school in Gyeonggi-do D.
From the viewing direction, one lane has been proceeded in the direction of the sub-market.
In this case, there was a duty of care to prevent a person engaged in driving of a motor vehicle from driving a motor vehicle under the influence of alcohol or drugs.
Nevertheless, the Defendant, while under the influence of alcohol, failed to secure the safety distance while driving as it is, and was at the latest stopped due to the negligence of late operation, received the back part of the victim G K5-si driving (65) with the front part of the said BMW car.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. G statements;
1. A medical certificate;
1. A traffic accident report (on-site investigation report);