특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six 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 bicycle BL125.
On October 9, 2014, at around 19:45, the Defendant, without obtaining a motorcycle driver’s license on October 9, 2014, driven the above motorcycle while under the influence of drinking, such as non-string, the state of walking is so big that it is difficult to drive the motorcycle normally due to the influence of drinking, such as red, with a low-ranged horse, and the blood color, led the Defendant to drive the above motorcycle, and directly drive the road at the grost of the grost of the Ycheon-west north of the racing directly from the b
A driver of a vehicle has a duty of care to safely drive the vehicle and prevent accidents by safely driving the vehicle, such as a well-booming the front door and operating the steering system accurately.
Nevertheless, the Defendant neglected this and failed to properly operate the steering gear and the steering gear under the influence of alcohol, and caused the Defendant to go beyond the road by shocking the left part of the victim C (V, 59 years old) who was walked on the front side of the above motorcycle.
As a result, the Defendant driven the above motorcycle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as a non-alley body breath, which requires treatment for about six weeks, to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The actual condition survey report;
1. Registers of driver's licenses;
1. Notification of the result of crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the punishment of criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 of the Criminal Act: