특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight months.
except that 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
The Defendant is a person who is engaged in driving a K5-car.
1. On October 11, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said vehicle while under the influence of alcohol at a level of 0.148% of blood alcohol concentration, such as the distance between 0.148% and the ebbbbs, in a red and smelling 02:56 on October 11, 2013, while driving the said vehicle at the front of the restaurant, the said vehicle was driven as an aggravated tree park room in the front of the restaurant in Gwangjin-gu, Seoul Special Metropolitan City.
At the time, the victim C(70 years of age) passed along the side road at night and at the same time, so there was a duty of care to check and drive the safety after reducing speed and stopping the situation.
Nevertheless, the Defendant neglected to do so while under the influence of alcohol and got the victim to go beyond the ground on the left-hand side of the said car by negligence.
As above, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury, such as an injury to the injured party, such as a wound-free flag, which requires about 10 weeks medical treatment.
2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle as above while under the influence of alcohol of 0.148% in the date and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A traffic accident report;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor concerning the crime;
1. Article 37 of the Criminal Act aggravated for concurrent crimes.