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. On December 20, 2013, the Defendant driven Cbee or car under the influence of alcohol 0.260% without obtaining a driver’s license from the subway station in Seocho-gu Seoul Seocho-gu to the subway station 66-3 front of the same 500m section from the subway station in Seocho-gu Seoul, Seoul, to the subway station 21:55 on December 20, 2013.
2. On December 20, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a car as set forth in paragraph (1) above, and led the Defendant to drive the car on December 20, 2013, and drive the car on the 23-lane of Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, to keep the road back from the 23-lane to the discharge center, while under the influence of alcohol concentration 0.260%.
Since there was a house without distinction of lanes, there was a duty of care to operate the brakes by reducing speed and properly manipulating the brakes while living well in the front.
Nevertheless, the Defendant neglected this and failed to properly operate the operation of the operation system on the front side of the road while under the influence of alcohol, and caused the victim D (the 53 years old) who was under a stop on the front side of the road, thereby falling into the front part of the car driven by the Defendant.
As a result, the Defendant driven the Defendant’s car in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in a state where the Defendant’s car needs to be treated for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of D traffic accidents;
1. A traffic accident report;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant provisions of Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;