특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
1. The Defendant is a person who is engaged in driving a car in Ireland, who is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk).
On March 11, 2016, the Defendant driven the above passenger car while under influence of 0.132% of alcohol concentration among blood transfusions on March 22:30, 2016, and led to the frontway of Yeongdeungpo-gu Seoul Metropolitan City along the direction of the new hospital in the direction of the new hospital at the distance of history of Yeongdeungpo-gu market.
In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side, and by accurately manipulating the steering gear.
Nevertheless, the Defendant neglected to drive under the influence of alcohol while driving at a normal speed due to the influence of alcohol, and was driven by the victim D (V, 52 years old) who was under the right-hand turn at the right-hand turn-hand turn-hand turn-hand turn-on by negligence, and received the part behind the Eststyna taxi, which was driven by the victim D (V, 52 years old).
Ultimately, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.
2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant at the time of the day set forth in paragraph (1) and around 500 meters from the commercial influence restaurant located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu to the place of the accident set forth in paragraph (1) of this Article, while being drunk at approximately 0.132% of alcohol content during blood.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement on the occurrence of each traffic accident;
1. Notification of the results of regulating drinking driving, report on traffic accidents, diagnosis certificate, application of statutes on site photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Code, and Article 38.