특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six 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. The Defendant is a person engaged in driving a gallon vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by dangerous driving).
On April 26, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.230% of blood alcohol concentration on 21:55, and driven the above vehicle along the two-lanes from the middle East ICT to the side of the west-si of 1031, 103-3-2, Seocheon-si, Seocheon-si.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.
Nevertheless, the Defendant neglected this and neglected to stop at the first line of the front line, and received the back part of the victim C(54 years old) driving, which is the right part of the vehicle, in front of the left part of the Defendant’s vehicle.
As a result, the Defendant suffered, by negligence on the part of the above business, the salt ties and scams, etc. of the trend requiring medical treatment for about 2 weeks from the victim E (the age of 53) who was aboard the above victim's vehicle, with approximately 4 weeks of light fluences and scams requiring medical treatment.
2. On April 26, 2013, the Defendant, at around 21:30 on April 26, 2013, driven the above gallon vehicle with a blood alcohol concentration of about 0.230% from the 2Km section to the place of accident described in the preceding port from the non-cafeteria near the invoice located in Seocheon-si, Seocheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of the provisions of Acts and subordinate statutes to the traffic accident inspection report, traffic accident occurrence report, the situation report on the driving of a drinking house, the circumstantial report on the drinking driver, the report on detection of a drinking driver, photographs, and the written diagnosis; and
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) and the Road Traffic Act concerning the crime.