특정범죄가중처벌등에관한법률위반(위험운전치사상)등
1. The defendant shall be punished by imprisonment for eight months;
2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of B-learning automobiles.
On October 26, 2014, at around 10:00, the Defendant driven the above-learning passenger car under the influence of alcohol concentration of 0.209% on the front of the Manam-si, Sungnam-si, and led to the running of the above-learning passenger car in front of the "MDju Complex Apartment" in 181 according to the former mountain, in accordance with the same Gu.
Since there is a road separation cost, in such a case, the defendant engaged in driving of a motor vehicle has a duty of care to properly see the front side and the right and the right and the right of the motor vehicle, and to accurately manipulate the steering and the brakes so as to prevent the accident from occurring.
Nevertheless, under the influence of alcohol, the Defendant, while driving a stroke, was negligent in neglecting the front-round city, loaded sand in front of a road separation zone installed in the front-round bank, and the said stroke day was received as the front-way part of the said strokeing car.
As a result, the Defendant was injured by the victim D, who was on board the frighting passenger car under the influence of drinking, and was in the said frighting passenger car, due to the said frighting passenger car, for about seven weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
2. Written statements of D;
3. A traffic accident report;
4. A report on the actual state of the driver;
5. Application of Acts and subordinate statutes governing requests for appraisal;
1. Selection of imprisonment with labor under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and selection of imprisonment with labor
2. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;
3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
4. Article 62 (1) of the Criminal Act;
5. Social service order under Article 62-2 of the Criminal Act;