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
The defendant is a person who is engaged in the operation of a sports-for-sports-for-all vehicle in C.
On February 8, 2016, the Defendant driven the said van while under the influence of alcohol level of 0.142% among the blood transfusions on 0.20%, and led to the following two-lanes of the two-lane road in front of the Seongdong Water Elementary School, which is located in the Seocho-si Innpo City, Seopopo-si, Seopo-si.
In such a case, there was a duty of care to maintain a certain distance from the preceding vehicle and to prevent accidents in advance by accurately manipulating the steering and operating the steering system.
Nevertheless, the Defendant, after driving a knife in a state where it is difficult to drive the vehicle due to influence of drinking, was driven by the victim D (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif).
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Written statements prepared by D;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant legal provisions concerning criminal facts: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving) and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of driving alcohol);
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of penalty: Selection of imprisonment with prison labor;
1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and 2, and Article 50 of the Criminal Act [the scope of the long-term punishment for two crimes];