특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not more than ten 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
The defendant is a person who is engaged in driving of Cknife vehicle.
On February 28, 2016, the Defendant driven the above mar while under the influence of alcohol content of 0.260% among the blood transfusion around 19:20% on February 28, 2016, and was driving in the direction of the mountain village in the direction of the mountain village in the direction of the local downstream of coal.
In this case, there was a duty of care to ensure safety by accurately operating the steering gear and brakes while living well on the part of the driver of the vehicle.
Nevertheless, the Defendant neglected to do so and found the e-car driven by the victim D (the 30-year old age) who stops in the signal atmosphere from the front bank due to the negligence that the Defendant was under the influence of alcohol as above, and was found late to the lower end of the said car, and received the lower part of the said car from the front end of the said car car.
As a result, the Defendant driven the said van while it is difficult to drive it normally due to the influence of drinking, and suffered from the injury of the victim FF, who was on board the damaged vehicle, such as the climatic salt, tension, etc. in need of a two-day medical treatment, and the climatic salt, tension, etc. in need of a three-day medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A traffic accident report, a report on the detection of a primary driver, a report on the circumstances of the primary driver, and an appraisal report on alcohol during blood;
1. Each written diagnosis;
1. Application of Acts and subordinate statutes to photographs of damaged vehicles;
1. Article 148-2 (2) 1, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.