특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 14, 2015, the Defendant: (a) around 20:40 on September 20, 2015, the Defendant: (b) driven the B 2 cargo vehicle in a state where it is difficult to drive the vehicle normally, driving it along two-lanes from the direction of the Silver Corporation, while under the influence of alcohol by 0.149% of the blood alcohol concentration; (c) driving the B 2 cargo vehicle in a state where it is difficult to drive the vehicle normally.
At the same time, there was an intersection where signal lights are installed, so there was a duty of care to prevent an accident by safely driving the driver according to the traffic signal to the driver of the vehicle.
Nevertheless, the Defendant neglected to do so and neglected so and, even though he was drunk, by the negligence of making a U-turn, in violation of the signal, led to the right-hand part of the DNA driving by the victim C (the age of 19) who entered the lane at the same time with the right-hand part of the Defendant's vehicle.
As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in the right-hand part requiring treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the survey report on actual conditions, on-site photographs, data on the measurement of drinking and output, and diagnostic certificates;
1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;
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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending sentence] of the General Traffic Accident Act (the injury caused by traffic accident) is mitigated area (one to six months) (the decision of sentence] of the mitigated area (the decision of sentence] of this case, and the signal is made without lowering drinking water at the time of this case.