특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is engaging in driving service of Category B New A.I.S. car.
At around 12:50 on May 4, 2014, the Defendant was under the influence of alcohol with 0.166% of blood alcohol concentration 0.16%, and the Defendant was coming to the direction of the early middle distance from the direction of the visible long distance by driving the said vehicle, which was stopped on the road in front of the Sinha-gu Seoul Metropolitan City, Chungcheongnam-do.
At that time, there was a victim C(59 years old) driver's license from the rear side, so in such a case, there was a duty of care to check whether a person driving a motor vehicle is driving a motor vehicle and enter the road in a safe way.
Nevertheless, the Defendant did not look at the front, rear, and left and right of the vehicle in a situation where normal driving is difficult due to the influence of drinking, and did not discover the victim's driver's upper part on the road due to the negligence of entering the road, and did not look at the part above the victim's upper part on the left side of the vehicle above the Defendant's driving.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of the shoulder pipe, which requires treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. Reports on actual condition, reports on the occurrence of traffic accidents, reports on the actual state of drinking drivers, and reports on the results of the regulation of drinking driving;
1. A medical certificate;
1. Application of Acts and subordinate statutes to an accident site photograph and accident site map;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury) and choice of imprisonment for each sentence;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.