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 a period of 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 before the risk) is a person who is engaged in driving of C SP car.
On October 5, 2015, the Defendant driven the above vehicle on the 15:05, and proceed to turn to the left at the right edge from the edge of the mountain distance in a state where it is difficult to drive normally due to the influence of alcohol level 0.154% in front of the shooting distance.
At the same time, there are vehicles standing in the signal waiting, so in such cases, there was a duty of care to reduce the speed to those engaged in driving of the vehicle, to live well on the right and the right of the vehicle, and to drive safely.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving on the front side while making it difficult for the Defendant to drive the vehicle in a state of difficulty, and the Defendant’s negligence led to the Defendant’s fault on the right side of the vehicle of the Defendant, which led to the victim D (W, 53 ) who stops in the signal waiting at two-lanes of the same driving direction.
As a result, the Defendant suffered injury to the victim D due to the above occupational negligence, such as fluoral salt, which requires approximately two weeks of treatment.
2. When Defendant 1 was under the influence of alcohol level of 0.154% from the blood alcohol level at the time of the day set forth in the above paragraph 1, Defendant 1 driven C Sspke car at the section of about 5 km up to the 5km away from the modern studio front of the 5-gil, Seosan-si, Hasan-si, Hasan-dong at the speed of 0.154% from the day of the day set forth in the above paragraph 1.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. Statement made by the police against D;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Inquiries about the results of regulating the driving of drinking alcohol, statement on the circumstances of the driver of drinking alcohol, and report on whether to drive any danger;
1. Reporting on investigation (to hear statements by telephone related to injury to a victim);
1. The Acts and subordinate statutes of a medical certificate.