특정범죄가중처벌등에관한법률위반(위험운전치사상)등
1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;
Punishment of the crime
A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a CSM7 car.
On December 27, 2012, the Defendant driven the said car under the influence of alcohol content of 0.229% on blood alcohol level on December 27, 2012, and led to the access road to the Gangseo-gu Seoul Metropolitan Government, which is located on the 18-lane in Yongsan-gu, Yongsan-gu, Seoul Metropolitan City, to a approximately 30 km in the speed of Do in the direction of the original parallel.
At that time, the defendant engaged in driving of a motor vehicle is at night and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation, accurately manipulating the steering gear, etc. due to influence of drinking, etc.
Nevertheless, the Defendant neglected to drive under the influence of such drinking as above while driving a motor vehicle normally due to the difficulty of driving, and was negligent in driving a motor vehicle with a blood alcohol concentration of 0.229%, and received the part above the left-hand part of the motor vehicle driven by the victim D(the age of 41) E.M. 3 Motor Vehicle driving prior to the start-up by the Defendant.
After all, the Defendant suffered, by the above occupational negligence, the injury to the victim F, who was on board the said EM3 car, such as a 2-day crossing click, which requires approximately 4 weeks of medical treatment.
B. At the time of the occurrence of a traffic accident as described in the above paragraph (a) of the Road Traffic Act, the Defendant driven the above IM7 car while under the influence of alcohol content of about 0.229% in approximately 1 Km section from the Han River basin in Yongsan-gu Seoul Metropolitan Government to the traffic accident place like the above paragraph (a).
Summary of Evidence
1. The defendant's legal statement; 1.1.