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
The defendant is a person who drives a wing and cargo vehicle B in the course of business.
On August 18, 2014, the Defendant, at around 18:30 on August 18, 2014, was under the influence of alcohol with 0.214% in blood alcohol concentration without a driver's license and was under the influence of alcohol so that normal driving is difficult due to the influence of body, while driving a road in front of the Sindong-dong, Eupndong-dong, Busan, the Defendant was waiting for signal at the right-hand left-hand road.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to operate the motor vehicle safely by properly operating the steering gear and brakes.
Nevertheless, the Defendant, due to the negligence of wrong operation in a state where normal operation is difficult under the influence of alcohol, conflict with the left side of the CKaticom Round, which was proceeding two lanes from the room of the Mamban-si in Ulsan-si, with the right-hand side of the above cargo vehicle, and then conflict with the victim D(W, 61 years old), which was proceeding on the third-lane side of the above cargo vehicle, with the right-hand side of the above cargo vehicle.
As a result, the Defendant suffered injury to the victim F(F) and the victim G(V) who was on board the said U.S. car for about two weeks of medical treatment, including the bones felon, which requires approximately two weeks of medical treatment, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of H and D;
1. The actual condition survey report;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 152 subparagraph 1 of the relevant Act on the Punishment, etc. of Specific Crimes and Article 152 and Article 43 of the Road Traffic Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;
1. Articles 40 and 50 of the Criminal Code of the Commercial Competition.