특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On April 8, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court. On November 10, 2010, the Defendant was issued a summary order of KRW 3 million for the same crime at the same court.
[Criminal facts]
1. The Defendant is a person who is engaged in driving of a vehicle with C Cost Sheet (the injury resulting from dangerous driving).
On March 16, 2018, when the Defendant driven the above vehicle while under the influence of alcohol 0.234% during blood transfusion, and proceeds from the road in front of the oil station in the Jeju City, at the same time, from the rith of the road in front of the Defendant’s front at the time, there was a victim Furged vehicle in the same direction in front of the vehicle in front of the Defendant at the time. In such a case, the Defendant had a duty of care to look at the preceding vehicle and drive the vehicle at a sufficient distance and prevent accidents.
Nevertheless, while the Defendant was negligent in driving in a drunken state, the Defendant did not see that the victim’s vehicle stops according to the signals, and received the rear part of the victim’s vehicle in front of the Defendant vehicle.
As a result, the Defendant suffered injury to the victim of the climatic dump and tension in a state where normal driving is difficult due to the influence of drinking, which requires approximately two weeks of medical treatment due to the occupational negligence.
2. On March 16, 2018, the Defendant was under the influence of alcohol at 0.234% of alcohol during blood, as described in paragraph (1) around 16:10, the Defendant driven a vehicle with Cone Starsch Rexroth at the section of about 200 meters from the 200-meter radius to the roads front of the E gas station located in Jeju City from the Sejong City, the Gu-Eup, to Jeju City.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. Report on the occurrence of a traffic accident;
1. Relevant photographs;
1. The F's statement related to traffic accidents (victims);