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.
Criminal facts
1. On August 17, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court, on November 30, 2006, to a summary order of KRW 4 million for the same crime in the Busan District Court’s Dong Branch Branch, on November 30, 2006, and on January 27, 2010, to a summary order of KRW 5 months for the same crime at the Changwon District Court and two years for a suspended sentence.
On April 5, 2015, at around 17:45, the Defendant driven a fixed-wing truck with B while under the influence of alcohol of about 0.184%, without obtaining a driver’s license, from a section of about 1km from the front of an influent restaurant in the fishing village of Kim Jong-si to the front of the new language elementary school in the Kim Jong-si, Kim Jong-si.
2. The defendant is a person who runs driving cars and freight cars while violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving);
The Defendant, while under the influence of alcohol, driven the above cargo vehicle and driven the front road of the new language elementary school in the Kimhae-si, Kimhae-si.
In such cases, a driver of a motor vehicle has a duty of care to look at the surrounding person properly and to prevent accidents by accurately manipulating the steering direction and brake system.
Nevertheless, the Defendant was in the front part of the freight vehicle, which was driven by the victim C(31 years old) who was waiting for the signal at the front line by negligence without properly examining the front line in a situation where normal driving is difficult due to influence of drinking, and was driven by the victim C(31 years old).
Ultimately, the Defendant’s negligence in the course of performing the above duties, thereby causing injury to the victim C in light of the fluoral base and tension that requires approximately two weeks of medical treatment to the victim E (the 31-year old-age-old) who is the fluoral of the fluoral base, thereby causing injury to the victim F (the 31-year-old).