특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
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
On November 16, 2009, the Defendant was sentenced to a fine of 3,000,000 won for a crime of violating the Road Traffic Act at the Seoul Western District Court on November 16, 2009, and on June 13, 2012, the Defendant was sentenced to a suspended sentence of 2 years for 8 months for a crime of violating the Road Traffic Act at the Seoul Western District Court.
The Defendant is a person engaging in driving a rocketing car.
On October 6, 2016, the Defendant driven the above vehicle while under the influence of alcohol of 0.133% during blood transfusion around 05:00, and changed the course to the two-lane while driving the road of 4-lane Do in the direction of Guri-ro, Yongsan-ro, Seoul, Yongsan-ro, Seoul, into the Han-ro, Northwest-ro, 279, the distribution intersection.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating and safely operating steering the steering and brakes in a manner that well sees the front side and the left side of the motor vehicle.
Nevertheless, while under the influence of alcohol, the Defendant was negligent in changing the course to a two-lane, and was negligent in changing the two-lanes of the victim D(30) driving, which was proceeding at the front of the said two-lane, into the front part of the said rocketing vehicle.
As a result, the Defendant, under the influence of alcohol, sustained injury to the victim D, such as salt, tensions, etc. in need of about four weeks of medical treatment due to such occupational negligence as above, and suffered injury to the victim FF (24 years of age) who took advantage of the said refluent vehicle with approximately two weeks of medical treatment.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. A written statement on the occurrence of D traffic accidents;
1. The actual investigation report on traffic accidents;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Each written diagnosis;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.