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
1. Around 20:40 on November 10, 2012, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.190% at a distance of about 800 meters from the front of a restaurant where the trade name in the south-gu Busan is unknown to the front of the Embular road observation zone located in the same Dong.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B rocketing car.
On November 10, 2012, the Defendant was under the influence of 0.190% of blood alcohol concentration around 20:40 on November 10, 2012, and the Defendant was driving ahead of the observation unit for the ebbburg-dong in Busan Southern-gu, according to one-lane, toward the side of the eburgical apartment at the entrance of the eburg.
At the time, there is a night and a place where a center line is installed, so there was a duty of care to ensure the safe operation of the vehicle by thoroughly operating the operation of the vehicle in the front and the steering system and accurately operating the steering system.
Nevertheless, under the influence of alcohol, the Defendant received the front portion of the victim C(Nam, 59 years old) driving in the opposite lane beyond the median line due to the negligence of the Defendant’s neglecting it, which was driven by the Defendant, in front of the left side of the said rocketing car.
As a result, the Defendant suffered injury, such as climatic salt, etc., which requires medical treatment for about two weeks, due to the above occupational negligence, while driving normally difficult due to the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. A report on investigation (Attachment of a medical certificate);
1. Application of Acts and subordinate statutes to written statements on the occurrence of traffic accidents prepared by C;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) of the Road Traffic Act.