특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment with prison labor for up to six 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 engaged in driving service of B-learning automobiles.
The Defendant, while under the influence of alcohol concentration of 0.171%, was driving the said vehicle as a business, and transferred the said vehicle back to the D cafeteria located in Sinung-si on September 28, 2015 bypassing the back of the D cafeteria at Sinung-si, Seoul to the military police box at the knife burb, on September 28, 2015.
In such cases, the driver has a duty of care to prevent accidents by accurately manipulating the steering and steering gear, and accurately manipulating the steering and steering system.
Nevertheless, under the influence of alcohol, the Defendant neglected to stop on the right-hand side by negligence in the course of the business and caused the victim to suffer two sprinkes in need of treatment for about two weeks, by shocking the penter before the left-hand side of the FF car of the victim E(n, 46 years old).
Summary of Evidence
1. Defendant's legal statement;
1. Entry of the E-document;
1. Application of the respective Acts and subordinate statutes as stated in the traffic status survey report, traffic accident occurrence report, report on detection of drinking drivers, report on the status of drinking drivers, and report on the statement of the status of drinking drivers;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. In a case where a minor injury (a person subject to special mitigation) has occurred in the basic area (a person subject to special mitigation) of the first category of traffic accident (from April to October) within the scope of recommending the grounds for sentencing under Article 62-2 of the Criminal Act, the order to attend a lecture and the order to provide community service order may cause the instant accident while driving under the high drinking water level, and the agreement with the victim is reached, in a case where illegality in the proviso of Article 3(2) of the School Specialized Law is serious.