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
[criminal power] On November 20, 2009, the Defendant issued a summary order of KRW 2 million to the Incheon District Court for a violation of the Road Traffic Act (driving). On May 28, 2008, the Incheon District Court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving). On September 4, 2003, the Incheon District Court issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving).
【Criminal Facts】
1. At around 04:00 on September 8, 2014, the Defendant: (a) opened a door of the DSS5 car, the victim C, which was parked in a state that was not corrected on the front road of the Nowon-gu Seoul Special Metropolitan City, Seocheon-si; and (b) cut off the car by driving the car using smart key, which was located in that place.
2. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving of the said DSS5 vehicle.
On September 8, 2014, at around 05:25, the Defendant was proceeding at the Don Village Underground Parking Lots located in 135, Seocheon-gu, Seocheon-gu, Seocheon-gu.
At the time, there is a night, and there is a duty of care to drive safely so that people engaged in driving duties may not be faced with vehicles parked by reducing speed and keeping their front left and right well.
Nevertheless, the Defendant, due to the negligence of driving a vehicle under the influence of alcohol, e.g., Fpoter cargo vehicles owned by the victim E, which are parked therein, destroyed the victim to repair cost of KRW 905,254 and escaped without taking any measures.
3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Risk Driving) is a person engaged in driving the said DSS5 car.
The Defendant, at around 05:30 on September 8, 2014, driven a stolen vehicle with a blood alcohol concentration of 0.224% while under the influence of alcohol on a road between 822-dong and 821-dong, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si and 135.