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 of EXP car.
On April 26, 2013, the Defendant, without obtaining a driver's license on April 21, 2013, operated the said vehicle in a state where it is difficult to drive under the influence of 0.179% alcohol concentration, and had the Defendant drive the said vehicle at a speed of about 40 km per hour from the side of the institution to the surface of the luminous glass station in the West-si of Gyeonggi-do.
At night, there was a duty of care to prevent accidents by accurately manipulating the front section and the right and the right and the right and the right and the right and the right of the driver in such a case.
Nevertheless, the Defendant neglected this without a driver’s license and was negligent in failing to perform the duty of an all-round week while under the influence of alcohol, and received the driving part of the victim C(64 years old) driving while driving the car at the front section of the said car.
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury such as revolving the right dog to the right dog for about five weeks, such as revolving refrat, and injury to the victim E (75 years of age) who boarded the damaged motor vehicle for about two weeks, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;
1. Registers of driver's licenses;
1. C’s statement;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.