특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six 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
The defendant is a person engaging in driving a ready-light vehicle C.
On March 21, 2014, the Defendant: (a) around 08:00, while under the influence of alcohol 0.133% of blood alcohol level, the Defendant was able to drive the said vehicle normally due to the influence of drinking, such as scaming and walking, and driven the said vehicle along the three-lanes in the direction of search from the front of the household, which is 50 in the annual length of Seodaemun-gu Seoul, at the same time.
In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.
Nevertheless, the Defendant, while under the influence of alcohol, found the victim D (the 50-year-old) driving of the victim D(the 50-year-old) who was under the influence of the traffic signal stopping due to his neglect in front, was at the latest after a sudden stop, but did not stop the above victim's driving. The part of the victim's driving behind the above victim's driver's vehicle was set at the front part of the above vehicle.
Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as salt dynasium, which requires approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition of traffic accidents;
1. Photographs of vehicles;
1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the crime (Options of Imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The fact that there is a history of punishment for driving under the reason of sentencing under Article 62(1) of the Criminal Act, the fact that there is no agreement with the victim, the fact that the automobile comprehensive insurance was purchased, and the accident was relatively insignificant.