특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving a NF sub-car.
1. On May 1, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) (on May 1, 2016, around 16:15, the Defendant driven a road of 1 lane near the listing intersection located in the north-gu, Seo-gu, Seocheon-gu, Seoul, by driving a BNF small-scale car with a alcohol content of 0.188% in blood while under the influence of alcohol, and proceeds at the speed of about 20km in the direction of the entrance distance from the direction of the Jincheon-gu.
At that time, the road is adjacent to the intersection, and the victim C(37) driving has followed this car, so in such a case, the driver of the vehicle has a duty of care to secure and proceed with the safety distance that can be avoided when the vehicle stops by reducing the speed and driving it on the front side.
Nevertheless, under the influence of alcohol, the Defendant was negligent in performing the duty of care in the front direction while neglecting the duty of care in the front direction of the Defendant, and the part concerning the back of the passenger car of the said victim who was standing in the front direction of the Defendant’s driving direction was shocked by the front part of the Defendant’s vehicle.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim C, such as light fluoral dum, which requires a two-day medical treatment, and light fluoral dump, which requires a two-day medical treatment to the victim E (the victim E, who is aged 33) for about two weeks.
2. Around May 16:15, 2016, the Defendant was driving a BNF cattle or other car under the influence of alcohol concentration of approximately 0.188% from the section of approximately 2km to the listing distance from the cafeteria, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the outside of the marb.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Each written statement E and C;
1. A copy of a medical certificate;
1. The actual survey report on traffic accidents;