특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
1. The defendant is a person engaged in the business of driving EXE cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), violation of the Road Traffic Act (Unlicensed Driving) and the Road Traffic Act;
On November 9, 2014, at 0.21:30% of blood alcohol concentration, the Defendant driven the said vehicle without obtaining a driver’s license under the influence of alcohol while it is difficult to drive the vehicle normally due to the influence of alcohol, and driven the said vehicle toward 1207 U.S. road at the approval of Seosan City. On the back side of the said vehicle, the Defendant received a telegraph on the right side of the said vehicle from the front side of the road and sustained the victim C (n, 49 years of age) who is the wife of the Defendant, who was on the back side of the given vehicle, and was on the right side of the said vehicle, suffered from the injury of the blood transfusion, etc. under the back of the medical treatment day without an open wife in the head of the given vehicle.
Accordingly, the defendant driving a vehicle under drinking or non-licensed condition, and driving a vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a EX car not covered by mandatory insurance at the date and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. Report on detection of a host driver and response to requests for appraisal;
1. Registers of driver's licenses and mandatory insurance;
1. Photographss related to traffic accidents;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;