특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six 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
On June 30, 2016, the Defendant driven a C-T-Stop car with alcohol content of 0.184% at around 08:50, while driving the C-Stop car at around 08:184% during blood and suffered injury, such as catum salt, tension, tension, etc., of the victim D (the remaining, 58 years old) who was under the influence of alcohol when driving the C-Stop car at around 42-day street at Jeju, along the two-lane from the “string of the C-Stop” side of the said road. The Defendant was under the influence of alcohol, and the Defendant did not discover the E-Stop taxi at the front bank due to the influence of alcohol and sustained injury to the victim, such as the catum fat and tension in need of treatment for about two weeks.
As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement related to traffic accidents prepared D;
1. A survey report on actual conditions;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. An accident scene photograph;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing guidelines for sentencing under Article 62-2 of the Criminal Act of the Order to Attend the lecture are as follows: (a) the sentencing guidelines for the reasons of sentencing provided in Article 62-2 of the Criminal Act include recommendation range [the scope of sentence for traffic crimes, general traffic accidents, the type 1 (the injury of traffic accidents), the aggravated area, the imprisonment between August and 2] and the following circumstances; (b) the fact of crime is recognized and reflects; (c) the injury suffered by the victim is relatively not severe; (d) the vehicle of the defendant is covered by the comprehensive motor vehicle insurance (a civil agreement with the victim); (e) the vehicle of the defendant has no history of criminal punishment heavier than the fine: (e) the blood alcohol concentration at the time is 0.184%.