특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On June 24, 2013, the Defendant: (a) was negligent in the course of business in which the alcohol content among blood transfusions reached 0.136%; (b) while under the influence of alcohol, the Defendant was under the influence of alcohol so that it is difficult to drive a car for Bschtonton in a normal condition of 0.136%; (c) was driven by two lanes in front of a two-lane middle school operating in a significant state of the Cheongju City, one of the two-lanes, one of the two-lanes in front of the main driving distance from the main driving distance, and was driven by the victim C (n, 28 years old) who temporarily stopped because it was impossible to view the front bank properly, thereby causing injury, such as brain dust, etc. requiring treatment for about two weeks; and (d) at the same time, the Defendant damaged the damage amount of KRW 13,523,68.6.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against C;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. A medical certificate;
1. Application of the written estimate statutes;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury caused by a dangerous driving), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 151 of the Road Traffic Act (referring to the injury caused by a dangerous driving);
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes [the punishment prescribed for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act, and the punishment imposed on the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of which punishment is heavier];
1. Selection of each sentence of imprisonment;
1. Aggravation of concurrent crimes with the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier (to the extent that the sum of the long-term punishments of two crimes is added), and the punishment of concurrent crimes: Provided, That the lowest sentence shall be based on the punishment determined for the crimes of violation of Road Traffic Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing has caused minor injuries.