특정범죄가중처벌등에관한법률위반(위험운전치사)
A defendant shall be punished by imprisonment for one year.
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. The Defendant is a person who is engaged in driving a B Poter freight vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On November 5, 2016, at around 20:30, the Defendant driven the above cargo vehicle under the influence of alcohol level of 0.112% in blood, while driving the D gas station in front of the D gas station in Pakistan-si, Gyeonggi-do, and proceeded at a speed of about 47.28km in the direction of the court from the direction of the shooting distance.
At the time of night and frequent traffic of people, in such a case, there was a duty of care to prevent accidents in advance by accurately operating and safely operating the brake system of the vehicle with a clear mind for those engaged in driving business.
Nevertheless, the defendant neglected this and failed to operate the brakes properly from the right side of the defendant who was crossing the victim E(88 3) to the left side due to the influence of the defendant's failure to operate the brakes, the defendant shocked the parts of the victim E(88 3) to the left-hand side of the vehicle.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of alcohol, resulting in the death of the victim E due to the long-term damage to the diversity of trauma, while returning the car to G hospital located in the G hospital located in the Gyeonggi-do Pakistan-si F on November 21, 2016.
2. On November 5, 2016, the Defendant driven the above Poter truck under the influence of alcohol concentration of 0.112% in blood on the front of the above D gas station around November 20, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the occurrence of a traffic accident and report on a traffic accident;
1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;
1. A death certificate;
1. Application of Acts and subordinate statutes governing accident scene photographs;
1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the same shall apply to the crime;