특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
The defendant is a person who is engaged in driving a Clearning car.
On May 4, 2014, at around 15:00, the Defendant was in difficult to normally drive a blood alcohol level of 0.239%. However, the Defendant driven the said car and continued to drive the said car at a speed of about 20 km from the surface of the Kim Jong-si's Kim Jong-si's Office of Education to the front side of the Kim Jong-si's Office of Education.
At this point, the width is narrow road, and the E.M. car driven by the victim D (n. 43 years old) stops in the front line, so the driver had a duty of care to drive the vehicle by reducing the speed and accurately operating the steering gear on the opposite lane after checking whether there is a vehicle.
Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the steering gear to the left-hand side without lowering the speed, and the Defendant was found to have left-hand side of the said Radar car, which was stopped on the front-hand side of the said car, following the left-hand side of the said Madar car.
Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as salt, tension, etc. of the bones that requires approximately two weeks of medical treatment, and suffered injury to the victim F (the age of 12) who was on board the said car with the said Radon Radon for about two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. The actual condition survey report, accident site and vehicle photograph;
1. Notification of the result of the drinking driving control;
1. The circumstantial statement of the employee;
1. A report on whether to drive any dangerous motor vehicle;
1. Application of statutes to copies of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding provisions of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;