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
[criminal power] On January 5, 2001, the defendant was issued a summary order of 700,000 won by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act, and a summary order of 2 million won by the Seoul Northern District Court for the crime of violation of the Road Traffic Act. < Amended by Act No. 983, Nov. 23, 2009>
【Criminal Facts】
1. On July 8, 2013, at around 14:38, the Defendant driven a 1 km B freight vehicle from the front side of the Jung-gu Seoul Jung-gu Mountain Complex to the front road of 200-5, the same new Singu, Jung-gu, Seoul, while under the influence of alcohol content of 0.161%.
2. The Defendant is a person engaged in driving freight B.
On July 8, 2013, the defendant driving the above cargo vehicle around 14:38, and proceeded with the road located in 200-5, Jung-gu, Seoul, Jung-gu, Seoul, as the main line, from the boundary of the market intersection.
At the time, the Defendant, while under the influence of alcohol alcohol level 0.161%, was under the influence of alcohol, and even though the normal driving of the said cargo is difficult due to the influence of alcohol, the Defendant, while driving the said cargo, caused C to go beyond the road by shocking the victim C, who without permission, to the front part of the said cargo vehicle.
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, resulting in the injury of the victim, such as the thring of the body of the dog that needs to be treated for about six weeks.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. A traffic accident report;
1. A medical certificate;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanying a summary order);
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of causing danger driving and the
1. Of concurrent crimes, the sum of the long-term punishments of Articles 37 (former part), 38 (1) 2 and 50 (2) of the Criminal Act shall be the scope; and