특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
The Defendant is a person engaging in driving a rocketing car.
On March 15, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.188% 0.18%, while under the influence of alcohol on March 15, 2013, and driven the said car at a speed of about 30 km from the front side of the front city of the front city to the front city university of Jeonju at the speed of about 30 km.
In such a case, the driver of the vehicle had a duty of care to keep the vehicle at the front time and prevent the accident by maintaining the distance of the vehicle sufficiently.
Nevertheless, the Defendant neglected to do so and did not put the front door in a proper manner, and instead did not properly manipulate the steering direction and operation devices, and was driven by the victim D while driving in the front door due to the negligence of not properly manipulating the steering direction and operation devices, and received the part of the Defendant’s passenger car front part.
Ultimately, the Defendant driven in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dynasium, tensions, etc. in need of treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements in D;
1. A traffic accident actual condition survey report and photographs;
1. A report on detection of a driver and a report on whether he/she is to drive any danger;
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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest of the punishment shall be the punishment determined for the violation of the Road Traffic Act, in cases of the punishment determined for the violation of the Road Traffic Act);
1. The injury suffered by the victim under Article 62 (1) of the Criminal Act during the suspended execution is relatively short;