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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 24, 2016, the Defendant, while under the influence of alcohol by 0.195% on the three-lanes in front of Pyeongtaek-si B on April 24, 2016, driven the Crighting passenger vehicle at a 0.195% alcohol concentration in the blood, led to the Defendant to drive the Cright passenger vehicle at an insular speed along the two-lane from the right on the right side of Pyeongtaek-si.
At the time, it was a night and a road installed as a center of separation, so there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle with a duty of care to live well and safely.
Nevertheless, under the influence of liquor, the Defendant was under the negligence of driving the said road on the right side of the passenger vehicle of the victim D(30 aged) driving on the right side of the passenger vehicle of the victim D(30) who driven the said road on the right side of the road due to the negligence of driving the said road. The Defendant was under the right side of the passenger vehicle of the Defendant.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as dump dump, which requires the victim's treatment for about three weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (selected of imprisonment with prison labor) of the relevant Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Determination on the application of the sentencing guidelines of Article 62 (1) of the Criminal Act on the grounds of sentencing under Article 62 (1) of the suspended sentence: The scope of the sentencing guidelines recommended by the lower limit: consideration of all circumstances, such as the mitigation area (from January to August) of the type of general traffic accident (the injury caused by traffic accidents) in which the victim does not want to be punished by the defendant;