특정범죄가중처벌등에관한법률위반(위험운전치사상)등
1. The defendant shall be punished by imprisonment for one year;
2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
On June 19, 2014, the Defendant was sentenced to a fine of five million won due to a violation of road traffic laws at the Seoul Central District Court on June 19, 2014, and on December 30, 2016, the Defendant was issued a summary order of five million won or more due to a violation of road traffic laws at the Jung-gu District Court on December 30, 2016.
On October 20, 2017, the Defendant driven a motor vehicle with alcohol content of 0.181% in the blood, without obtaining a driver’s license, during the influence of alcohol level from around 10:10 on around 10, 2017, and turned down the said cargo at an influent speed in front of 505, Seodong-dong, Seodong-dong, Hongju-dong.
Since there is a lot of apartment complexes that have a lot of traffic for pedestrians and vehicles, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely operating the motor vehicle in a safe manner.
Nevertheless, while the Defendant was under the influence of alcohol so that it is difficult for the Defendant to drive the vehicle normally, the Defendant was shocked by the front part of the victim's CRD driving, which was stopped behind the Defendant, with the rear part of the Defendant's cargo loaded.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately three weeks of medical treatment due to occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against the victim;
1. The driver's license ledger;
1. A medical certificate;
1. A survey report on actual condition, a report on the results of regulating drinking driving, a report on the circumstances of the driver who takes driving, and an investigation report (report on the circumstances of the driver who takes driving);
1. On-site photographs;
1. Application of an inquiry letter, such as criminal history, and an investigation report (attached report, such as a copy of the summary order) statute;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, and the Road Traffic Act.