특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of B Poter cargo vehicles.
On December 1, 2015, the Defendant, while under the influence of alcohol by 0.175% in the form of a 3 national map located in the new documents of Gyeonggi-do, Gyeonggi-do, Gyeonggi-do on December 23:20, 2015, came to proceed along one lane in the direction of the new letter in the direction of the year.
In such cases, a person engaged in driving of a motor vehicle was unable to drive the motor vehicle normally due to influence of alcohol, and there was a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care
Nevertheless, the defendant neglected this and failed to properly operate the steering gear under the influence of alcohol, and the Gails, which is installed on the right-hand side of the road, was received as the front part of the freight truck of the defendant, and returned to the same.
Ultimately, the Defendant driving the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim C (66 years) who is the passenger of the Defendant’s cargo vehicle, such as spinal damage that requires about 16 weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. A report on the detection of a primary driver;
1. A medical certificate;
1. Application of the statutes governing traffic accident-related photographs;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;
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 Act on the suspended execution;
1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommending punishment] The basic area (4 months to October) (the person subject to special mitigation) is not subject to punishment (the person subject to special mitigation).