특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving a small-scale car B.
On January 1, 2016, the Defendant driven the said car under the influence of alcohol content of 0.170% among blood transfusions on January 1, 2016, and turned down the three-lane roads in front of the D-do located in Gyeonggi-si C in Gyeonggi-si, using one-lane as an underwater room inside the boundary of the court room in Pyeongtaek-si.
At the time, there was an intersection where signal lights are installed at the front door, so in such a case, there was a duty of care to safely drive a person engaged in driving a motor vehicle by accurately operating the steering and brake system in accordance with the traffic signals by checking well the right and the right and the right and the right in the front door.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while driving, and the part of the lower part of the FMW car on the right edge of the victim E (28 S) driving, which was parked in the signal atmosphere at the front of the bMW car due to the negligence of the Defendant’s failure to properly see the front side of the car.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (selected of imprisonment with prison labor) of the relevant Act;
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. Determination on the protection and observation and application of sentencing guidelines under Article 62-2 of the Criminal Code of the community service order: The scope of recommendations for sentencing guidelines by applying the lower limit: The basic area (in April to October) of the type 1 of the general traffic accident (in the case of injury by traffic accident) (in April to October), there is no same class of O, and the comprehensive insurance is subscribed without severe damage.