특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight 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. Around 17:40 on September 12, 2014, the Defendant driven a YFysta car in the state of alcohol alcohol concentration of about 0.279% at a section of about 50 meters from the Cju store located in Fapo-si B to the Cju-dong 33 Hyundai Apartment 104, Gopo-si, Mapo-si, Mapo-si, Mapo-si.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DYL) is a person engaged in driving a DYF rocketing car;
On September 12, 2014, at around 17:40, the Defendant, while under the influence of alcohol, driven the said car with the difficulty of normal operation, and continued to drive the said car toward the modern apartment parking lot from the Cju to the 104 parking zone of the modern apartment 104 parking zone, which is located in the cju-dong 33 of the Fapo-si in Fapo-si.
Since there was a parking lot in the apartment complex, there was a duty of care to prevent accidents in advance by thoroughly driving the vehicle in front and safely.
Nevertheless, under the influence of alcohol, the Defendant was driven by the driver of the vehicle in front of the Defendant’s driving vehicle with the F Spart-type parking vehicle parked by the victim E (the age of 27) due to the negligence of driving.
The Defendant, by occupational negligence, caused the victim to suffer bodily injury, such as salt, tensions, etc., in need of approximately eight weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A brewing driver, a circumstantial report, and a survey report on the actual condition of a traffic accident;
1. A written diagnosis of E;
1. Application of Acts and subordinate statutes on site of traffic accident;
1. There is a record of being sentenced to a fine of 50,00 won due to a drunk driving in 2000, respectively, under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and Article 148-2 (2) 1 of the Road Traffic Act.