특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
1. Around 00:23 March 8, 2015, the Defendant driven a C-wit truck under the influence of alcohol with a blood alcohol concentration of 0.190% from the 2km section from the stable parking lot located in the Yari-gu to the Yari-si located in the same Ri, while driving a C-wit truck with a blood alcohol content of 0.190%.
2. The defendant is a person who is engaged in driving of C Poter cargo vehicles.
On March 8, 2015, at around 00:23, the Defendant: (a) driven the above cargo while under the influence of alcohol, such as a red and a shaking distance, in which the normal operation of the steering direction and brakes is difficult; and (b) while driving the road of the same lane in Gyeonggi-do, the Defendant discovered that the victim D (57 years of age) walked at the right side of the road in the direction of the proceeding and accessed the victim in order to board the road.
In such cases, the driver of the vehicle has a duty of care to give prior notice to the victim to access the vehicle by means of sounding the light or raising the height of the vehicle, and to prevent the accident such as safe stopping by reducing speed.
Nevertheless, the Defendant neglected his/her duty to drive normally due to the influence of alcohol and was negligent in proceeding without being negligent in driving, and received the victim as part of the part before the right-hand part of the said cargo vehicle.
As a result, the Defendant caused the death of the victim due to cerebral blood in the government-specific hospital of the Onlock University located in the 271 Yacheon-ro 271, which was receiving a post-transmission treatment around 07:49 on March 18, 2015 by occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A traffic accident report;
1. A report on detection of a host driver;
1. The application of Acts and subordinate statutes of the death diagnosis report.