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 becomes final and conclusive.
Punishment of the crime
[criminal power] The defendant was sentenced to a fine of two million won for a crime of violation of the Road Traffic Act in the Chungcheong District Court on March 20, 2007, and on December 4, 2009, the defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act at the Cheongju District Court on December 4, 2009, and was sentenced to a suspended sentence of two years for a total of eight same criminal records and violated Article 44 (1) of the Road Traffic Act not less than twice.
【Criminal Facts】
The Defendant is a person who is engaged in driving of C gallon vehicles.
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) led the Defendant to drive the said vehicle on November 23, 2012, while driving the said vehicle at around 18:10, driving the said vehicle, driving the one-lane Do of the Mansan-gun, Chungcheongnam-gun, Chungcheongnam-do, Mansan-gun, from the dun River to the dun three-distance Do from the dun River
In such cases, a person engaged in driving service of a motor vehicle has a duty of care to ensure the safety distance with the motor vehicle and to safely drive the motor vehicle by keeping it well.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle and received the back part of the said vehicle with the front part of the vehicle.
As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim F (37 years of age) who is a passenger of D, by driving the motor vehicle.
2. The Defendant violated the Road Traffic Act, the Road Traffic Act (driving without a license), and the Guarantee of Automobile Accident Compensation Act, as seen above, drive the said vehicle without a mandatory insurance without a vehicle driver’s license, while under the influence of alcohol at approximately 0.179% of the blood alcohol concentration in the 4km section of the road located in the Mansan-gun, Mansan-gun, Mansan-gun.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Reports on traffic accidents, actual condition survey report, and on-site photographs of traffic accidents;
1. A report on detection of a host driver;