특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
The defendant is a person who is engaged in driving of B Poter cargo vehicles.
On May 13, 2014, at around 20:10, the Defendant driven the above cargo while under the influence of alcohol of 0.156% of blood alcohol concentration, and led the Defendant to proceed to the intersection in front of the sea oil station located at 128-1, Mapo City, Mapo-ro, a Mapo-ro, to the cremation at the direction of the police box.
At night and at night, there are crosswalks installed a signal at the front door, so it was confirmed whether a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to see well the front door, and to safely drive the motor vehicle in accordance with the traffic signal and prevent the accident in advance.
However, due to the negligence that the Defendant continued to proceed while drunk and the signal is changed to a stop signal at the time, the Defendant did not avoid the victim C who cross the crosswalk from the right side to the left side of the crosswalk pursuant to the pedestrian signals, and was faced with the body part of the Defendant’s front part of the vehicle.
As above, the Defendant, as a result of the influence of drinking, driven in a state where it is difficult to drive normally, such as moving a light-distance, moving a light on the face, etc., and caused the victim to suffer from a high-speed straw, which requires a medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The actual condition survey report, the report on the statement of the status of the driver, and the circumstantial report (whether or not a dangerous driver is involved);
1. A written diagnosis for C;
1. -Application of the Acts and subordinate statutes to a black stuff image screen.
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, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;