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
The defendant is a person who is engaged in driving a motor vehicle by obtaining a franchise.
The Defendant, at around 03:50 on March 2, 2013, when he was under the influence of alcohol content of 0.240% and was remarkably difficult to drive, driven two lanes on the two-lane road of 437 Dondon 437-2, Gangnam-gu Seoul, Gangnam-gu, Seoul, as the bank of the Gangnam Police Station from the mouth of the Jinsan tunnel, at an aesthetic speed.
At this point, the signal such as the vehicle signal, etc. in the direction of the driving of the defendant was stopped, and in front of the defendant's driver's vehicle, the F taxi in the victim E(56 years old) was under the signal stop, so in such a case, the driver has a duty of care to maintain the distance between the vehicle in front and the vehicle in front and stop.
However, while under the influence of alcohol, the Defendant, by negligence in the course of business, led the victim G (30 years of age) who was on the front part of the above taxi in front of the said passenger vehicle, caused the victim E and the above taxi to suffer light fluoral fluor in need of treatment for about two weeks, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the occurrence of each traffic accident against E and G;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. The actual condition of traffic accidents;
1. Application of Acts and subordinate statutes of each written diagnosis of victims;
1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime by applicable law;
1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Aggravated Punishment, etc. of Specific Crimes
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;