특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not more than ten 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 August 24, 2013, at around 20:35, the Defendant driven a motor vehicle with a alcohol level of approximately 0.208% in blood alcohol level from approximately 2 km section from the front side of the Domwon-gun Equipment Rental School, which is the front side of the Domwon-gun Equipment Rental School, to the JC distance of the same Rim, while under the influence of alcohol level of 0.208%.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a car.
On August 24, 2013, at around 20:35, the Defendant, while under the influence of alcohol, driven the said car, and operated the JC Private Road located in the Changwon-gun Rental Park, Gangwon-do, by driving the said car from the direction of the Cheongwon-gu to the CrossingIC.
At night and its location are installed with a large number of signal apparatuses in a distance-based relationship, as well as frequent passage of vehicles, there was a duty of care for those engaged in driving motor vehicles to properly see signal and properly manipulate the steering gear and brakes, thereby preventing accidents.
Nevertheless, the Defendant, as in paragraph (1), failed to properly operate the brakes while under the influence of alcohol, due to the negligence that the Defendant was unable to properly operate the brakes in the situation where normal operation is difficult, was faced with the back part of the victim C(42 years old) driving, which was stopped, with the front part of the said gallon vehicle.
Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the said C, such as salt, tensions, etc. of the bones of trees, which requires approximately two weeks of medical treatment, and suffered injury to the victim E (the aged 44) who was on the said BMW car, such as light finites, which require approximately three weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of C and E;
1. Each written diagnosis;
1. The actual condition survey report and the actual condition report of the driver;
1. Application of the photographic Acts and subordinate statutes;
1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.