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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant is a person who is engaged in driving a motor vehicle for a franchise in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).
On January 9, 2016, while under the influence of alcohol at around 02:50, the Defendant driven the said car and proceeded at a speed of three lanes in front of the E cafeteria located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with the distance from the off-distance off to the long distance from the north-distance off.
In such a case, the driver of a motor vehicle has a duty of care to prevent accidents, such as properly manipulating and safely driving the steering gear, brakes, etc. of the motor vehicle, when it is likely to impede the normal traffic of the motor vehicle that is being driven by the driver of the motor vehicle, and the driver of the motor vehicle has a duty of care to prevent accidents from being delayed.
Nevertheless, the Defendant had entered three lanes at the time without properly examining the rear side of the vehicle that he/she intends to change, even though it is difficult to drive normally under the influence of alcohol, such as a rhythm and a studm.
F was driven by the G rocketing car, the upper part of the top part and the penter part before the left side of the Defendant’s driving vehicle.
As a result, the defendant suffered from the injury of the victim H (16 tax) who is the passenger of the above damaged vehicle, due to the influence of alcohol by negligence while driving a car in a state where normal driving is difficult due to the influence of alcohol.
2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant, upon receiving a traffic accident report at the time and place set forth in paragraph (1), voluntarily accompanied to conduct an investigation from the police station of Seodaemun-gu Seoul Western Police Station to a traffic survey assistant of Seoul Seodaemun Police Station, and transferred the vehicle to the police station of Seodaemun-gu, Seoul. The Defendant is under the influence of alcoholing with red light on the face, rhyming, and unbrupted.