특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of 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 CM6 vehicle.
On December 8, 2017, the Defendant driven the said car under the influence of alcohol content of 0.128% during blood transfusion around 01:07, the Defendant driven the said car along the influence of alcohol content of 0.128%. On the other hand, the Defendant driven the two-lanes of the two-lane 6.8km away from the Hasan JC to the northan IC in the direction of the west-dong Highway located in the west Jeju Island in Osan City.
At the same time, the victim D(59) E-Poter is driving on the same lane, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes while living well on 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 the right and the right and the right and the right and the right and the right
Nevertheless, the Defendant was negligent in performing so-called as above while neglecting to do so, and the part on the back of the victim’s driver’s Poter was committed as part of the Defendant’s driving’s front part of the passenger car.
Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as dump dump, tension, etc., which requires approximately two weeks medical treatment to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A survey report on actual condition and photographs on the scene of accidents;
1. Bluice stuffs images;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Notification of the results of regulating driving of drinking alcohol and investigation report (official application of the aforementioned dmark);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving), and each choice of imprisonment with prison labor;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] traffic accidents.