특정범죄가중처벌등에관한법률위반(위험운전치사상)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 motor vehicle B low-speed
On January 26, 2013, at around 03:58, the Defendant driven the above vehicle while it is difficult to drive the vehicle normally due to influence of drinking, and led to the driving of the 360-way road of Gangdong-gu Seoul, Gangdong-gu, Seoul to the direction of the crypian distance.
A driver of a motor vehicle has a duty of care to accurately operate the steering system and brakes of the motor vehicle, secure a sufficient safety distance from the motor vehicle ahead, and prevent accidents due to the operation of the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the victim C (the 69-year-old driver) driver’s license, who was in the atmosphere of the signal at the front of the vehicle.
Ultimately, the Defendant, as seen above, driven the above low-speed car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the above victim, such as light fluoral salt in the treatment days.
2. Around 04:41 on January 26, 2013, the Defendant was demanded to respond to a drinking test by inserting the breath of alcohol into a drinking measuring instrument over twenty-five minutes from the border E, on the grounds that there are reasonable grounds to recognize that the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking, smelling, and snicking, at a traffic survey department office of the Seoul Gangseo-gu Seoul Metropolitan Government Police Station in Seongdong-dong, Gangdong-gu, Seoul.
Nevertheless, the Defendant avoided the time by changing water or suspending, etc., and did not comply with a police officer’s demand for measurement of drinking without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The actual survey report on traffic accidents;