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 is engaged in driving a Grand bus in the Republic of Korea.
On January 12, 2014, at around 16:30, the Defendant driven the above passenger cars with the blood alcohol concentration of 0.366%, while under the influence of alcohol, and led the Defendant to drive the above passenger cars at a speed of 0.36% from the side of the Sejong National University, leading to the speed of 1-lane road in front of the Doggwa Holdings, which is in the Masan-dong of Incheon National University.
At that time, since the defendant passed a three-distance road on which crosswalks are installed, the defendant engaged in driving service had a duty of care to reduce the speed and thoroughly drive the front direction, and prevent the accident from occurring.
Nevertheless, the Defendant neglected this and did not thoroughly drive the vehicle in the situation where it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and was negligent in the course of the duty of driving the vehicle in the front line, and the back part of the victim C(34 years old) driving the vehicle in the front line, which was the back part of the victim C(34 years old) driving in the front line.
Ultimately, the Defendant suffered injury, such as salt, tension, etc., in need of treatment for about two weeks, respectively, to victims E (V, 37 years of age) who were on board the victim C and the damaged vehicle due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes (C and E) to the traffic accident report, photograph explanation, report on detection of the master driver, circumstantial statement of the master driver, appraisal meeting, statement statement (fax) and written diagnosis, respectively;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) and (1) of the Road Traffic Act, Articles 148-2 (2) and 1, and 44 (1) of the Road Traffic Act concerning the crime committed;
1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.