특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight months.
except that 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. Around 17:00 on July 5, 2014, the Defendant was under the influence of alcohol by 0.130% on blood alcohol level, and the Defendant driven approximately 2 km from the Seodaemun-gu, Seoul, Seogmun-ro, 34-ro, 46-do, a light apartment to the front 116-dong red gu, Hongwon-dong, Hongwon-dong, by going through a light apartment.
2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of one ton cargo vehicles by cutting down C Poter, Postosa
On July 5, 2014, the Defendant driven the said car under the influence of alcohol level of 0.130% on blood alcohol level around 17:25 on July 5, 2014, and led the Defendant to drive the said car as a parking lot at the entrance of the entrance of Seodaemun-gu Seoul, Seodaemun-gu, Seoul to the 34-ro 34-gil-ro, 43 (Sung Dong-dong), Hongwonwon apartment at the 116-dong apartment.
Since there is a apartment complex, in this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the front bank and the left and the right, and by accurately manipulating the steering and brakes.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle on the back of the vehicle and was placed on the left side of the victim D (the age of 45) who was standing on the road in the bend of the vehicle due to the negligence of driving the vehicle in the bend of the vehicle.
Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as light-fluoral and fluoral body flasing the left-hand body body, which requires approximately six weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Written statements of D;
1. A traffic accident report, a report on detection of a drinking driver, and a report on the circumstantial statement of a drinking driver;
1. A copy of a medical certificate;
1. Application of Acts and subordinate statutes of internal investigation reports (the application of the Ramark formula);
1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and the Criminal Act;