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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B rocketing car;
On September 26, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.141% around 23:0, while under the influence of alcohol on September 26, 2018, and proceeded at the 18.4km of the two-lane Highway, which is located in Geum-ro, Geum-do, in the direction of the inside of the Incheon at the time, one lane between the three-lanes, and changed the two-lanes. The Defendant was in difficult to drive under normal conditions, such as the Defendant was in an inaccurate and inaccurate manner of the horse at the time, and is unable to walk properly and properly.
Nevertheless, the Defendant, while driving the above vehicle in the above condition, proceeded with the above road at the two-lanes from the front direction of the Defendant’s driving direction, was shocked into the front direction of the Defendant’s driving vehicle, even though the victim C(the age of 43) behind the left side part of the DNA car.
Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury, such as “influences and tensions,” which requires approximately three weeks of medical treatment, to the victim.
2. Around 23:00 on September 26, 2018, the Defendant driven B rocketing car while under the influence of alcohol content of 0.141% at the section of about 20km from the 7-dong, Jung-gu, Incheon, Jung-gu, Incheon, to the road front of the coastal fish market to the second 18.4km (neither the two directions).
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. A traffic accident report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) and Article 5-11 of the former Specific Crimes (amended by Act No. 15981, Dec. 18, 201)