특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight months.
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. A person engaged in driving a motor vehicle which has been spread through gallons in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, Violation of the Road Traffic Act, and violation of the Road Traffic Act;
On February 2, 2012, the Defendant driven the above vehicle under the influence of alcohol at 0.179% of blood alcohol concentration around 20:00, and proceeded ahead of the mountain intersection in the Dosan-dong at the Dosan-si, Seosan-si in the direction of Daejeon at the Dosan-do.
At the same time, since the Dopool car driven by the victim C(29 years old) was in the air signal stop, there was a duty of care to prevent accidents by thoroughly operating the front-time city and accurately operating the operation of the operation and steering system.
Nevertheless, the defendant neglected this and led the victim C to drive the motor vehicle in the traffic signal atmosphere as above, and the back part of the motor vehicle was the front part of the motor vehicle that the defendant drives.
Ultimately, the Defendant, while driving a vehicle under the influence of alcohol which is difficult to drive due to the foregoing occupational negligence, sustained injury to the victim, such as climatic salt, etc. requiring treatment for about two weeks, and at the same time damaged the damaged vehicle in a amount equivalent to KRW 10,313,426.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;
Nevertheless, the Defendant operated a gallon car owned by the Defendant, which was not covered by mandatory insurance at the same time and place as in the preceding paragraph.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. A written diagnosis and written estimate;
1. Application of Acts and subordinate statutes of mandatory insurance computer network;
1. The Aggravated Punishment, etc. of Specific Crimes provided for in the relevant Act;