특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
On September 24, 2016, the Defendant driven the said car under the influence of alcohol level of 0.151% from blood alcohol level around 00:30 on September 24, 2016, and continued to drive the said car at a speed of about 60km per hour from the direction of the Suwon Elementary School to the Sejong East Residents' Center at a speed of 3 lanes.
At that time, given that the F-si driven by the victim E (59) was a stop in the signal waiting in front of the defendant's moving direction, there was a duty of care to prevent accidents by accurately manipulating the front door and operating the operation of the emulative and steering gear in the driver of the vehicle.
Nevertheless, under the foregoing, Defendant 1 got the front part of the passenger car driven by Defendant due to negligence while neglecting this, and caused the said cab to be driven by Defendant G (50 years old) who is waiting for signal signal at the front.
Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim E by driving the said rocketing car, which requires a two-day medical treatment, such as light dump salt, etc., and suffered injury to the victim G, such as light dump, tension, etc. for about two weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of E and G;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of the Aggravation of Concurrent Crimes (within the scope of the sum of the long-term punishments of the above two crimes), provided that: