특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight months.
except that 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
1. On May 4, 2015, the Defendant: (a) driven a D class three truck with a blood alcohol content of about 0.131% while under the influence of alcohol at approximately 200 meters from the road front of the “CU” convenience store located near the Gwangju City Library located in Gwangju City, Gyeonggi-do, to the front of the “CU” convenience store located near the Gwangju City Library located in the same city; and (b) the Defendant driven a D class three truck with a blood alcohol content of about 0.131% under the influence
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving service of D class 3 cargo
On May 4, 2015, at around 20:48, the Defendant driven the above cargo vehicle under the influence of alcohol as described in paragraph (1) and proceeded at the edge of the road in front of the C cafeteria located in Gwangju Metropolitan City, Gwangju Metropolitan City, into the private distance of the public playground at the seat of the Gwangju Metropolitan Library.
In this case, the driver of the vehicle has a duty of care to operate the vehicle safely by properly operating the steering gear, taking into account the traffic conditions of the front, rear and left.
Nevertheless, the Defendant neglected to drive normally due to the influence of alcohol, and neglected to do so while driving normally due to the negligence of the Defendant, and caused the above cargo vehicle driven by the Defendant, and proceeded with the sidewalk, and divided the right edge of the victim E (the age of 55) in front of the above restaurant into the front right edge of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury, such as salt, tension, etc., on the right side part of the Defendant, which requires approximately three weeks of medical treatment due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to the report on the circumstantial statement of a driver and the report on whether to drive any danger;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Articles 148-2 (2) 2 and 44