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
The defendant is a person who is engaged in the operation of Bunst Motor Vehicle.
On April 18, 2015, the Defendant driven the said car under the influence of alcohol 0.275% of alcohol level around 13:00, while driving the car, and coming to the bridge distance in the instigates the right line in Suwon-si, the Defendant was driving from the distance of transfer to the galle trees.
Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents, such as accurately operating the steering gear, brakes and other devices of the motor vehicle, and driving according to signals such as signal, etc.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding as it was, and the lower part of the right part of the CM5 vehicle stopped under the preceding new subparagraph was committed with the front part of the left part of the CM5 vehicle.
The Defendant caused the injury to the victim D (the age of 55) who is a driver of the SM5 car due to the foregoing occupational negligence, requiring approximately two weeks of treatment.
Accordingly, the defendant driving a motor vehicle under the influence of alcohol, and driving a motor vehicle under the influence of alcohol which makes it difficult to drive normally, thereby causing injury to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting of a traffic accident (1) (2);
1. A report on detection of a host driver;
1. A medical certificate;
1. Application of traffic accident-related Acts and subordinate statutes;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Criminal Act, types 1 traffic accidents.