특정범죄가중처벌등에관한법률위반(위험운전치상)등
Defendant shall be punished by imprisonment for a term of one year and three months.
However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 16, 2012, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Changwon District Court's Msan Branch.
Criminal facts
The Defendant is a person engaging in driving a car B i40.
On January 15, 2020, the Defendant driven the said car while under the influence of alcohol of 0.109% in blood alcohol concentration at around 04:45, and proceeded two lanes in the direction of the small square in the direction of the common square in the direction of the common square.
At the time, there was a new wall around the driver, so in such a case, there was a duty of care to prevent accidents in advance by driving safely, such as making a person engaged in driving a motor vehicle to live well, accurately manipulating the steering gear, etc., while driving the motor vehicle.
Nevertheless, the Defendant received the rear part of the victim C(34 years old) driving, which was driven by the Defendant’s negligence in the course of driving his vehicle due to the negligence of his duty while neglecting it.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident, a traffic accident report, a report on the actions taken against an employer, a report on the actions taken against an employer, and a report on the actual state of an employee;
1. A medical certificate;
1. Reports on internal investigation and investigation reports;
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes relating to the Crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;