특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six 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
The Defendant is a person engaging in driving a rocketing car.
On May 3, 2013, at around 15:54, the Defendant driven the said car while under the influence of alcohol of 0.181%, and led to two lanes depending on the two-lanes of light height in the two-lanes of Gwangju Northern-gu, the two-lanes of light height in front of the intersection.
The location was an intersection where signal, etc. is installed in the front bank, and the defendant followed the victim C (the 40-year-old driver's license) driving car, so in such a case, the person engaged in driving business has a duty of care to reduce speed, ensure sufficient distance from the front vehicle to the front vehicle, and keep the front vehicle well showing the signal of the front road so that the preceding vehicle stops according to the stop signal.
Nevertheless, the defendant found that the driver's car of the victim C was stopped according to the stop signal due to the negligence in which it is difficult to drive the vehicle normally due to the influence of drinking, and did not avoid the situation, but did not stop the vehicle. The part of the driver's vehicle of the defendant's driver's car was shocked by the back part of the driver's car of the victim C.
Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim C, such as salt, tensions, etc., and the injury to the victim E (V, 42 years old) who was accompanied by the damaged vehicle, such as light dynasium, which requires approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of occurrence of a traffic accident prepared C;
1. Actual condition survey report and on-site photographs of traffic accidents;
1. The circumstantial statement, circumstantial report (whether to drive any dangerous driving) and the report on detection of such driver;
1. Application of Acts and subordinate statutes of C and E;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the choice of punishment.