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. Around 16:50 on January 5, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.127%, and the Defendant was driving Cone Star Motor Vehicle in the section of approximately two kilometers from the fall market located in 600, Songpa-dong, Songpa-gu, Seoul to approximately 182-6, Songpa-dong, Songpa-gu.
2. The Defendant is a person who is engaged in driving a car with C Cost Star under the Act on the Aggravated Punishment, etc. of Specific Crimes.
The Defendant driven the said car in a state where it is difficult to drive the car normally due to such influence of alcohol as above at the same time, and led the house 182-6, Songpa-gu, Seoul, Songpa-gu, to proceed back to the side road from the new astronomical wave room to the Asian player village apartment room.
Since there are many pedestrians due to a new tent alley, in such a case, there was a duty of care to prevent accidents by driving safely in a safe way by taking into account the traffic conditions of the front and rear left-hands, whether a person engaged in driving service is a pedestrian.
Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to the above influence of drinking, and neglected to do so, caused the part of the victim D (34 years of age)’s right side side side side side side of the said car to be the front side of the said car, and the part of the victim’s right side side part to be exceeded the above car white part.
As a result, the Defendant suffered injury, such as the external side rupture, which requires approximately five weeks of medical treatment, due to the above occupational negligence, to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by the prosecution (including the examination protocol of large person);
1. Statement made to D by the police;
1. A report on traffic accidents and a report on actual condition;
1. Records of measurement of drinking alcohol, reports on detection of drinking drivers, and circumstantial reports on drinking drivers;
1. On-site photographs; 1.