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
The Defendant is a person who is engaged in driving a third party car.
1. Around 00:32 on June 11, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dwork, etc.) (hereinafter referred to as the “BJ”) committed a left-hand turn in the direction of the “Dong Sea Elementary School” at the “Sastdo” located in the Yecheon-dong in the East Sea, while he was unable to drive normally under the influence of alcohol at the intersection prior to the “Gyeongpo Apartment apartment” located in the Yecheon-dong in the East Sea at the time of the East Sea, the Defendant suffered injury, such as brain ties, etc., by receiving the victim’s upper part of the upper part on the right-hand part of the Defendant’s vehicle, which was directly driven in the direction of the “Dong Sea Elementary School.”
Accordingly, the defendant was injured by driving a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking.
2. On June 11, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.209%, driving a section of about 20 meters from the upper corner of the “hyeong-ro store” in the same year at the same time, to the front intersection of the said “hyeong-ro apartment” as the Defendant’s vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes, such as a traffic accident occurrence report, photographs related to a traffic accident, an employment-restricted driver report, a report on risk driving, a written statement, and a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the scope of adding up the long-term punishment for each crime, and the lower limit shall be the same; and