특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment with prison labor 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
[Criminal Power] On July 10, 2008, the Defendant was sentenced to six months by the Jeonju District Court for a violation of the Road Traffic Act (hereinafter referred to as a "driving"), and on September 24, 2009, the Defendant was sentenced to six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving).
【Criminal Facts】
The defendant is a person who is engaged in driving a C-wing cargo vehicle.
On January 11, 2015, at around 09:40, the Defendant driven the above cargo vehicle in a state where it is difficult to drive normally due to the alcohol concentration of 0.13%, and driven the three-lane road in front of the Escopic area D in the front city of the Jeonju City along three-lanes from the Military Manpower Administration, the Military Manpower Administration, and the Military Manpower Administration, and the Military Manpower Administration, and the Defendant proceeded along the three-lanes of the above cargo vehicle.
In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front bank and the left and right, and accurately manipulating the steering direction and the brake system.
Nevertheless, under the influence of alcohol, the Defendant suffered injury, such as the back portion of the Gpoter Gpoter cargo vehicle owned by F, which was parked on the front side of the Defendant’s cargo vehicle and the rear portion of the Gpoter cargo vehicle owned by F, which was parked in the front side of the Defendant’s cargo vehicle, to H (V, 3 years old) who is his/her father and wife, who was his/her father and wife, for about four weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of I;
1. A traffic accident report and a report on the occurrence of a traffic accident;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Report on whether to drive a motor vehicle at risk, appearance, uniforms, language, and result of attitude of a drinking driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.