특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment 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
On April 6, 2013, the Defendant was under the influence of 0.154% of blood alcohol concentration on 23:38, 2013, while driving a Pursom car and proceeding about 60 km to the direction of the Yellow Sym (YO) from the boundary of the public playground, depending on the two-lanes of the two-lanes of the TMO shooting distance on the YYYYYYY, the Defendant turned to the direction of the Yellow Sym (YO) high school.
Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.
However, while driving under the influence of alcohol at the time, the Defendant was driven by the victim D(34 years old) who was in the opposite direction at the right-hand line due to the negligence of the median line and who did not properly operate the steering gear, and was driven by the victim D(34 years old) in the opposite direction.
As above, the Defendant driven while driving a motor vehicle while normal driving is difficult due to influence of drinking, such as raising a horse into the face and raising red sponing, etc., and suffered injury by the victim, such as 12 weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police on D;
1. On-site map, on-site survey report, on-site survey report, and written diagnosis report; and
1. Application of statutes on images of on-site photographs;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 148-2 (2) 2 of the Road Traffic Act and the choice of imprisonment with prison labor
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the instant accident does not have an objective risk, and in fact, the victim is a slicker position.