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
The defendant is a person who is engaged in driving of CM7 motor vehicles.
On August 1, 2014, at around 21:38, the Defendant driven the said vehicle under the influence of alcohol content of 0.234%, which is difficult to operate normally, and led the Defendant to turn to the left on the two-lanes of the department department store located in the front of the Hodong-dong Hodong-dong-dong Hodong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong
In such cases, a person engaged in driving of a motor vehicle must accurately operate the steering gear, and since there is an intersection where a vehicle leading line is installed, there was a duty of care to safely turn to the left along the leading line.
Nevertheless, the Defendant neglected this and received the left part of the E-si's left part of the E-si operated by the victim D (Nam, 59 years of age) who had left the left at three-lanes of the same direction due to occupational negligence outside the leading line, and caused the victim to suffer bodily injury, such as fluoral dye, which requires approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A traffic accident report (1);
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving)
1. Imprisonment with prison labor for choice of punishment;
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. Taking account of taking lectures and having a prior record of driving under the influence of alcohol, and the fact that the degree of taking the sentence is very high, it is reasonable to impose a criminal defendant on his/her strict punishment, but there is no record of criminal punishment other than a fine, and damage.