특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The punishment against the accused shall be ten months of imprisonment.
Punishment of the crime
At around 21:40 on March 30, 2012, the Defendant, while under the influence of alcohol of 0.142% of blood alcohol concentration, was driving a DNA car with the victim C (Nam and 27 years of age), etc., who was fluencing, and proceeded with the red street of 238-58 on the surface of the Incheon Vindication-gun.
The Defendant, while making a right-hand at the Heung elementary school room, did not make a right-hand and did not fall into the sea after taking the front line.
The victim was transferred to the hospital because the sea water was not hidden in a car with a low-water vehicle. However, on August 31, 2012, the victim died from low-carbon cerebral cerebral cerebral tys in E Hospital located in Ansan-si around 18:40.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a report on detection of a host driver, death certificate, and field photographic;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment for the crime: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;
1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation: Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act;
1. Sentencing (Determination of a type): Traffic, general traffic accident, type 2 (Death of traffic accident), mitigation of basic area (including a person who has been specially punished): Aggravation of punishment (including a serious effort to recover damage): Cases where illegality in the proviso to Article 3 (2) of the Special School Traffic Act (the scope of recommending punishment) is serious (the scope of recommending punishment) from August to June;
2. Criteria for the suspension of execution [major reasons for a suspension of execution] negative: Death, positive cases where illegality in the proviso to Article 3 (2) of the Act on Special Cases of the School Traffic is serious: Penalty not, or no record of criminal punishment;
3. Ten months of imprisonment with prison labor for a sentence; and