특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
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
1. Around 04:30 on April 6, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) caused the injury of the victim D (52 years old) who is a C taxi article at the three-lane road located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, in order to deal with a contact accident that occurred between 553 and another car, by using the difference in which the victim D (52 years old) was under the influence of alcohol concentration of 0.210%, while driving the said taxi under the influence of alcohol, the Defendant was able to prevent the Defendant from driving the said taxi without permission due to negligence that could not well see the right and the right and the right and the right of the cab while driving the said taxi.
As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.
2. The Defendant driving a taxi under the influence of alcohol concentration of 0.210% at the 10m section as stated in the above paragraph (1) at the time and place specified in the above paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement regarding D;
1. The circumstantial statement of the employee;
1. A medical certificate;
1. Application of Acts and subordinate statutes to the report on traffic accidents;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act within the scope of the sum of the long-term punishments of each such crime as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, and the punishment shall be aggravated: Provided, That the lowest sentence of the punishment shall be the punishment determined for a violation of the Road Traffic Act;
1. Article 62 of the Criminal Act: