특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.
On February 27, 2016, the Defendant driven the said car under the influence of alcohol concentration of 0.248% among blood transfusions on February 27, 2016, and driven the road of 5 lanes in front of Seocheon-gu, Seocheon-si C, Seocheon-si, Incheon, along the Seoul direction, about 10km in speed.
The Defendant, prior to the same direction, was followed by the victim D(73) E-rayed vehicle driven by the victim D(73) in the same direction, and therefore, the Defendant had a duty of care to secure and proceed with safety distance to avoid when the said vehicle stops.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle in the vicinity of the Defendant’s vehicle due to the negligence of driving the vehicle in front of the passenger vehicle by the Defendant.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in the Defendant’s injury to the victim, such as light dump dump, which requires treatment for about two weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the suspect of the accused;
1. Statement made by the police against D;
1. A survey report on the actual condition of a traffic accident, a traffic accident occurrence report, a statement on the circumstances of the driving at home, a statement on alcohol during blood and a report on the detection of a driver at home;
1. A medical certificate;
1. Application of statutes on site photographs;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the defendant reflects his/her mistake, and the defendant is only punished once by a fine).