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
1. The Defendant is a person who is engaged in driving a motor vehicle B-II in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
On September 8, 2018, the Defendant driven the above cargo while under the influence of alcohol 0.169% in light of the blood alcohol level around 03:20 on September 8, 2018, and flown three lanes in front C in front of the Southern City.
From the viewing side, Gwangju would proceed at an irregular speed along the two lanes.
At all times, there was an intersection where signal lights are installed, so in such a case, the driver had a duty of care to live well in the front door and safely proceed to prevent traffic accidents in accordance with good faith.
Nevertheless, the Defendant’s negligence, while under the influence of alcohol, did not show the front section of the vehicle, was found to be late behind the victim’s E Q7 car at the front section, which was stopped in accordance with the new subparagraph, and was rapidly operated, but did not avoid. The part on the left side of the Defendant’s vehicle was behind the victim’s vehicle.
Accordingly, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim D and the victim F, the passenger of the Q7 motor vehicle, respectively, for about two weeks of treatment.
2. On September 8, 2018, the Defendant: (a) driven B Poter-II cargo under the influence of alcohol with approximately 20km alcohol concentration 0.169% from a section of about 20km from the road near the government station of the city of Gyeonggi-do to the road in front of the Hanam-si; (b) around 03:20 on September 8, 2018, the Defendant was under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement on the occurrence of a D traffic accident;
1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of drinking;
1. Each written diagnosis;
1. Application of Acts and subordinate statutes governing accident scene photographs;
1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.