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
On June 26, 2014, the Defendant driven the said car on June 26, 2014, while under the influence of 0.127% alcohol during blood, the Defendant driven the said car along the two-lanes between the two-lanes of Western University from the distance of the Mono-dong Manopo-dong.
At the time, a crosswalk is installed on the night and the front side of the driving direction, so in such cases, a person engaged in driving a motor vehicle shall not drive the motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking, and has the duty of care to prevent the accident in advance by properly manipulating the traffic situation of the front side and accurately manipulating the steering gear and brake system.
The Defendant neglected to do so and proceeded as above while under the influence of alcohol while disregarding the front stop signal of the crosswalk, and caused the Defendant’s H (58 years old) who passed the bicycle exclusive road adjacent to the crosswalk from the left side of the said vehicle driving to the front part of the said vehicle, and caused the Defendant to suffer injury, such as a light-bridge, etc. on the left side during about 14 weeks, by shocking the victim’s H (58 years old).
Summary of Evidence
1. Defendant's legal statement;
1. A written statement to be prepared;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. On-site photographs, photographs of harming vehicles, and CCTV caps;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant laws concerning criminal facts, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the punishment is chosen, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;