특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
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
[2013 Highest 3063] The Defendant is a person engaged in driving Csch Rexroth.
At around 11:40 on June 13, 2013, the Defendant, without obtaining a driver’s license, driven the said car with a blood alcohol content of 0.301% difficult to drive due to the influence of alcohol, and, at the speed of about 40 km from the upstream to the dynamic distance of about 10 km, the Defendant driven the said car at a speed of 0.30%.
At the same time, other vehicles were in progress in the front section of the above van, so in such cases, drivers had a duty of care to properly see the front section and the left and right, and to prevent accidents by accurately manipulating the steering direction and the brake system.
Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to perform his duty on the front side of the car while driving the victim D(39 years of age) in the front section of the said knife vehicle due to the negligence of failing to perform his duty on the front side without a driver's license, and received the part of the knife in front of the said knife vehicle.
Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of light base salt in need of medical treatment for about two weeks to the victim D, and the injury of light base salt in need of medical treatment for about two weeks to the victim F (72 years of age), and then damaged the said motor vehicle to the extent of KRW 2,026,530, such as the replacement and maintenance of light base lamps.
[2013 Highest 6413] On June 13, 2013, the Defendant: (a) boarded a H taxi vehicle operated by the Victim G in the vicinity of the Seosung Seo-dong Police Station located in Hasung-dong on the same day; and (b) moved to the JJ vehicle located in Pyeongtaek-si I around 23:38 on the same day.
However, the Defendant did not have the means of payment, such as cash, so even if the victim gets a taxi driving as above, the Defendant did not have the intent or ability to pay the price.
Accordingly, the defendant is the victim.