특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who drives a tXG car volume.
On September 20, 2015, at around 14:40, the Defendant, while driving the said TraXG car with a difficult driving due to the influence of alcohol that reaches 0.120% of blood alcohol concentration, was driving the said TraXG car along the three-lane-lane road in front of the Gyeonggi-gu, Incheon At the time of the Gyeonggi City, along with the three-lane-lane road.
In this case, the driver of the vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident.
Nevertheless, under the influence of alcohol, the Defendant neglected this and failed to properly operate the brake system, and caused the part of the E-to-car car driven by the victim D (hereinafter referred to as 28 years old) who was standing in the signal atmosphere from the front direction of the course of the collision, which was driven by the Defendant, to be the front part of the TRa XG car operated by the Defendant.
As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light dump, which requires a medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to traffic accident reports, the place where drinking is measured, and the written diagnosis;
1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General traffic accident field (Article 62(1) of the Criminal Code (Article 62(1) of the Act) is not limited to drinking water at the time of the instant case. However, the number of drinking water at the time of the instant case is not low. However, the Defendant’s mistake is against the Defendant, the vehicle of the sea was subscribed to the comprehensive automobile insurance, and the victim’