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. Around 02:50 on July 9, 2016, the Defendant driven C K5 cars with a blood alcohol concentration of about 0.158% from the 6km section from the French-gu Seoul Metropolitan Government Fcheon-dong to the roads adjacent to the Gyeonggi-si, Gyeonggi-do.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said car at the time and in accordance with the two-lanes between the two-lanes between the sub-section 1 and the sub-section 1.
In this case, the driver of a motor vehicle has a duty of care to properly see the front left and to prevent the accident by accurately manipulating the steering direction and the brake system of the motor vehicle.
Nevertheless, the Defendant neglected to do so and operated under the influence of 0.158% of the blood alcohol concentration, which is the degree of defluence of walking and walking, and received a part of the part behind the Defendant’s vehicle, which was driven by the victim D(39 years of age) who is in the atmosphere of signal at the front of the mast, while driving under the influence of alcohol with the influence of 0.158%.
After all, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. in the part of the victim in need of medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A traffic accident report;
1. Notification of the control of drinking driving;
1. A medical certificate;
1. Application of statutes on site photographs;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution is against Article 62(1) of the Criminal Act, and it is once due to the previous drinking driving.