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
[criminal record] On June 10, 2008, the Defendant was punished by a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court on December 4, 2008, a fine of KRW 1.5 million for the same crime at the same court on December 4, 2008, and a fine of KRW 3 million for the same crime at the Seoul Northern District Court on January 9, 2012.
【Criminal Facts】
1. At around 02:45 on July 24, 2013, the Defendant driven a B-learning car under the influence of alcohol without obtaining a driver’s license at the section of approximately 2.5 km in Seongdong-gu Seoul, Seoul, up to the Seoul Forest History, from around 03:0 on the same day from the roads in which the new city of Seongdong-gu, Seoul is not located, to the roads in which the Defendant was under the influence of alcohol of about 0.161% without obtaining a driving license.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving B-learning automobiles.
On July 24, 2013, the Defendant driven the said car under the influence of alcohol of 0.161% with a blood alcohol concentration of 03:00, and led to the driving of the said car along the two-lanes between the three-lanes in the direction of the river basin in Seongdong-gu Seoul Metropolitan Government to the direction of the river basin.
Since there is a zone where a signal is installed, the defendant engaged in driving service has a duty of care to check the safety of the course by reducing speed and checking well the right and the right of the route of the vehicle, and to proceed in accordance with the new subparagraph.
Nevertheless, the Defendant neglected this and caused the negligence of violating the signal under the influence of alcohol to be driven by the victim C(58 years of age) who was straighted along the vehicle straight signal from the direction of the opening tunnel of Seoul Forest Unauthorized Infrastructure. The Defendant was driven by the front part of the car driving by the Defendant on the right side of the DYF station and another car.
Ultimately, the defendant is in a situation where normal driving is difficult due to the influence of drinking, and the defendant needs to drive the car and treat the victim for about two weeks.