특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not more than ten 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 August 6, 2007, the Defendant was issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on August 6, 2007, and was sentenced to a fine of two million won by the Seoul East East District Court on June 18, 2008 and violated Article 44 (1) of the Road Traffic Act on not less than two occasions.
1. Around 06:40 on February 22, 2014, the Defendant driven B leto or car under the influence of alcohol content of about 500 meters from the front of the Central University Hospital located in Black-dong, Dongjak-gu, Seoul Metropolitan Government to the front of 77th National Cemetery of the same Gu, which is about 500 meters from the 500-ro 9-ro, Seoul National Cemetery.
2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by a passenger car as set forth in paragraph (1) above on February 22, 2014, and led the Defendant to drive the car along the one-lane 6-lane 34% of blood alcohol concentration at 0.134% in front of the 7th National Cemetery of Dongjak-gu, Seoul Metropolitan Government National Cemetery, while under the influence of alcohol by driving the car as set forth in paragraph (1) above.
Since there was an intersection with a signal signal, the driver of the vehicle has a duty of care to live well on the front side and to operate safely by properly operating the steering system and brakes of the vehicle.
Nevertheless, the Defendant, under the influence of alcohol, was negligent in failing to properly operate the brake system, and sent a signal to the front side of the road by the victim C(55 years of age) who was waiting to the front side of the road, and the part of the driver was shocked by the front part of the car operated by the Defendant.
As a result, the Defendant driven the Defendant’s car in a state where normal driving is difficult due to influence of drinking, and suffered the Defendant’s injury such as salt, tension, etc. in need of treatment for three weeks.
Summary of Evidence
1. The defendant's legal statement; 1.1.