특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
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
The defendant is a person who is engaged in driving a B-learning car.
1. Around 00:00 on July 1, 2016, the Defendant driven the said vehicle under the influence of alcohol content of about 0.214% from a section of about 2 km from the front of the grassland market located in Ansan-si, Young-gu, Seoul Metropolitan City to the front road of the Hambn-dong located in the same Gu from the front of the Hambn-dong grassland.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to drive directly in the direction of the central center in the direction of the first region along the three-lane road in front of the straight distance in the Hamn Station located in Ansan-si, Ansan-si.
Since the location was an intersection where signal lights are installed, there was a duty of care to prevent accidents by safely passing through an intersection by viewing the front line well and observing the signal to those engaged in driving of the vehicle.
Nevertheless, as mentioned in the above paragraph (1), the Defendant was negligent in neglecting the duty of an ex-ante drinking in a state where it is difficult to drive the vehicle in a state where she was under the influence of alcohol, and by entering the intersection as is, and proceeding with a stop signal without neglecting the duty of an ex-ante drinking duty. As such, the Defendant received the front portion of the right side of the DK-7 car driven by the victim C (W, 30 years old) who was under normal direct control by observing the signal from the right side of the said vehicle to the left side of the course and was in the right side of the said vehicle.
As a result, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of care to victims E (the age of 30) who were on board the same vehicle as the above C by negligence in the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. The first part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury resulting from dangerous driving) and Article 5-11 of the same Act concerning criminal facts.