특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a B wing truck;
On March 26, 2014, the Defendant driven the above truck on March 23:35, 2014, and led the rural road located at 70-8, Gangdong-gu Seoul Metropolitan Government Gangdong-gu, Gangdong-gu, Seoul to proceed from the direction of the residents intersection of the Gangseo-gu, Seoul to about 30 km in speed.
At the time, it is a road that is night and can pass from one motor vehicle. In such a case, there was a duty of care to reduce the speed to a person engaged in driving service and to maintain the distance from the vehicle that comes well from the front side and to prevent the accident in advance.
Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.147%, was driven by the victim C (the 58 years old) who stopped the Defendant’s vehicle at the same time while the Defendant was under the influence of alcohol leveling 0.147%, and was placed in front of the Defendant’s vehicle.
As a result, the Defendant suffered injury to the victim, such as the pipe of a part in need of medical treatment for about two weeks due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking.
2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at the above time, operated the above sealed truck with the blood alcohol concentration of 0.147% while under the influence of alcohol without obtaining a driver’s license at a section of about 50 meters from the container at the same 57-21 of the river day to the above accident site.
3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;
Nevertheless, the defendant operated the above truck which is not covered by mandatory insurance at the same time and place as above.
Summary of Evidence
1. The defendant's legal statement; 1.1.