특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight 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
On April 6, 2013, at around 19:33, the Defendant driven Cworkon with blood alcohol content of 0.229%, and proceeded along one-lane in front of Cworkon in front of Cworkon Park Jung-gu, Daejeon with the opposite post office at the front of the BJ in front of the Stung-dong. However, in a situation where normal driving is difficult due to drinking, the Defendant got the victim (48 years old) who driven by negligence in the course of driving on the road in the same direction as the part on the front of the left side of the vehicle driven by the Defendant while driving on duty due to a difficult drinking, suffered injury, such as light oil, etc. requiring approximately two weeks medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to a report on detection of a host driver;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment] [the grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.] [the scope of punishment] 1 month to 10 years (the period of punishment prior to the aggravation of concurrent crimes ] - mitigated factors (the occurrence of minor injury, non-influence of punishment) - Where the illegality in the proviso of Article 3(2) of the Specialized Law is serious] - mitigated factors (the scope of recommendations] / [the scope of recommendations] traffic crime group, general traffic accident (the injury caused by traffic accident), mitigation area, imprisonment from January to June [the application of guidelines for processing multiple crimes] 6 months [the suspension of execution of sentence] - The main reasons for sentencing (unlawful) - the case where illegality in the proviso of Article 3(2) of the Specialized School Act is serious.