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
1. On December 22, 2013, the Defendant: (a) driven C Poter truck under the influence of alcohol by 0.123% at the road of about 400 meters in length from the Hayang-dong-dong-gu Daejeon to the Gayang-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, Daejeon.
2. On December 22, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter “Road Traffic Act”) and the Defendant driving the said Pond-on cargo vehicle from the four-lane distance in Daejeon Dong-dong, Daejeon, along the two-lane distance along the two-lane distance from the side of Sungnam-gu.
There was a duty of care to reduce speed and safely operate according to the edge of the road when driving a motor vehicle at the intersection.
Nevertheless, the Defendant: (a) was under the influence of normal driving such as reducing speed for turning back at the time or observing the lane by operating the steering gear properly; (b) was negligent in the course of business, which was driven by the central line without reducing the radius while driving the said steering gear rapidly; and (c) was damaged by the victim D (29 years old) who was slowly driving along the four-distance distance from the four-distance side of the notice of EK5 car driven by the victim D (29 years old) from the four-distance side of the notice of EW by using one lane from the center line; (d) was shocked into the part front of the left side of the Poter truck; and (e) was damaged by the victim D and the passenger F (30 years old), who is the victim D and the passenger, for approximately two weeks of the repair costs, 12,400,916 won.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. The actual condition of traffic;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act concerning the facts constituting the crime; and