특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six 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. The Defendant is a person who is engaged in driving a vehicle BK7 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).
On July 20, 2017, the Defendant driven the said car under the influence of alcohol level of 0.136% during blood transfusion around 00:30 on July 20, 2017, and led to a rightpass of the ASEAN distance in the territory of Seo-gu Incheon, Seo-gu, Seo-gu.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as accurately operating the steering room and the right and the right and the right and the right and the right of the motor vehicle, etc.
Nevertheless, as seen above, the defendant did not neglect the normal music while it is difficult for the defendant to do so and proceed to the right side from the left side of the running direction of the defendant, and the part of the back side of the D Ra car driven by the victim C(IS 21 years old) was received as the front side of the above K7 car.
As a result, the Defendant suffered from the injury of the victim C and the victim E (the age of 20) who was on board the said passenger car due to the above occupational negligence, such as salt, tension, etc. in need of approximately two weeks of treatment.
2. On October 21, 2009, the Defendant received a summary order of KRW 2.5 million from the Incheon District Court to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving of alcohol), and on April 29, 2016 from the same court, to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving of alcohol).
Although Defendant was punished twice or more due to a violation of the Road Traffic Act (drinking driving), Defendant was under the influence of alcohol leveling of 00:30 on July 20, 2017 at 00:136% from the day before the mutual influence in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, to the day after the day after the Plaintiff was under the influence of alcohol leveling of 0.136% on July 20, 2017.
Summary of Evidence
1. The defendant's statement in court;