특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
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
[criminal history] The Defendant is a person who was issued a summary order of KRW 7 million at the Seoul Western District Court on November 13, 2006 with a fine of KRW 1,00,000,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Western District Court on May 15, 2009, a fine of KRW 3,00,000 as a same crime at the Seoul Southern District Court on December 20, 201, a fine of KRW 2,50,000 as an identical crime at the Seoul Southern District Court on December 20, 201, and a person who was issued a summary order of KRW 7,00,00 as a fine at the Seoul Western District Court on December 18, 2015.
[Criminal facts]
1. On June 28, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.206% from the section of about 4 km from the section of approximately 4 km to the roads front of the D gas station located in the same Gu, Bupyeong-gu, Incheon, Busan, for a light of 21:10 on June 28, 2018.
2. Defendant 1 driven the said vehicle at a speed of about 60 km per hour on the side of the new rice string distance while it is difficult to drive the said vehicle normally due to the influence of alcohol as above at the time of the foregoing day, and Defendant 1 driven the said road at a speed of about 60 km per hour from the side of the new rice string distance.
In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by properly manipulating the steering gear and brakes while living well.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and was negligent in stopping in the same direction as the Defendant, and received the part of the back part of the Defendant’s driving vehicle in front of the vehicle, which was driven by the victim E (29 years old).
After all, the defendant is in difficult condition to drive a car normally due to influence of drinking and needs to be treated for about two weeks to the victim.