특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six 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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who serves as a driver of a passenger car in B
On August 31, 2013, the Defendant driven the above vehicle in a state where it is difficult to drive normally due to the influence of alcohol 0.142% of the blood alcohol concentration around 23:00, and led to the speed of about 80 kilometers per hour at a speed of 2-lanes of speed in the front of the household distance in the direction of the Dong-si, Yecheon-si, Seoul Special Metropolitan City, along the ebbbbbbb from the side of the ebbbbb and the ebs.
There is a strong and advanced vehicle traffic, and the driver of the vehicle has a duty of care to prevent accidents by thoroughly operating the front-time duty, accurately operating the steering and brakes, and securing a sufficient safety distance from the front.
Nevertheless, under the influence of alcohol, the Defendant neglected to pay attention to the front-time, and neglected to do so on the same line due to negligence, and conflict with the part of the victim C (the 39-year-old driver), which was prior to the driving vehicle of the Defendant, with the part on the front side of the driver's vehicle of the Defendant, thereby causing injury to the said victim, such as catitis which requires treatment for about two weeks.
2. The Defendant was under the influence of alcohol 0.142% of the blood alcohol level on the date and time specified in paragraph (1) of this Article, and driven the stimul vehicle at a two-km section above from the Do before the Do in front of the cross-ri village in Ycheon-si, Lee-si, Gyeonggi-do to the stimulging three kilometers in front of the stimulgal distance set forth in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Report on the actions taken against the driver, and the report on the status of the driver's license and the statement of the situation;
1. A written diagnosis for C;
1. Application of statutes on site photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act concerning criminal facts, the choice of punishment, etc.