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
[2014 Highest 2549] On June 30, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act in Ansan Branch of the Suwon District Court on June 30, 2009, and on August 5, 2014, the Seoul Central District Court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.
The Defendant is a person driving a CM5 vehicle.
On August 3, 2014, at around 08:00, the blood alcohol concentration came to 0.285%, the Defendant divided the state of words into two, followed by one lane from the front side of the Donggsan-gu, Ansan-si, a city of Ansan-si, under the influence of alcohol to the degree of 0.285%, and proceeded along one lane from the front side of the viewing room to the front side.
At this place, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in good faith.
Nevertheless, the defendant was negligent in disregarding and proceeding with a stop signal in such a situation as to be difficult to drive normally due to influence of drinking so that the defendant was a victim D (the age of 26) who dried the crosswalk from the right side of the defendant's driving direction to the left side of the crosswalk.
As a result, the Defendant suffered from the victim’s multiple scopic gambling, etc., which requires approximately two weeks of treatment due to the above occupational negligence.
[2015Kadan88] On December 25, 2014, at around 04:15, the Defendant sought to go to G during the police box where he was under investigation as a charge of drunk driving while intending to go to the person who was under investigation on the charge of drunk driving, while referring to the police box belonging to G, who was under control after receiving a report on drunk driving on the road in front of Suwon-gu, Suwon-si, Suwon-si, and tried to go to the police box where he was under investigation on the charge of drunk driving. As he prevented the Defendant, G’s chest was sealed by hand, with his hand, sealed him as his hand, and boomed drinking.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of drinking driving.