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
1. Around 01:18 on October 12, 2014, the Defendant driving a B Poter II while under the influence of alcohol with approximately 0.192% of the blood alcohol concentration from the 3km section to the 3km road from the fluoral end road near the fluor-dong at the original city level to the fluoral road.
2. The Defendant is a person who is engaged in driving a vehicle B or B on board in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving).
On October 12, 2014, at around 01:18, the Defendant, as seen above, was in a state of difficulty in normal driving due to drinking due to influence of alcohol, such as the breath, the breath of the horse, the face of the snow, and the breath of the snow, but the underground vehicle in the original state of the vehicle was driving along the above brea road, and the breath of the above breath level of the road was proceeding at a flive speed from the vain side to the joint office.
Since the place is a three-dimensional straight line, a driver of a motor vehicle has a duty of care to safely drive the brake system and prevent the accident by safely driving it.
Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the brake system, and the victim C(25 years of age) who followed the Defendant’s vehicle and followed the Defendant’s vehicle and was under the influence of traffic signal at the lower end of the Defendant’s vehicle, and received the part behind the Defendant’s vehicle.
Ultimately, the Defendant suffered injury to the victim E (the age of 28) who was on board the said SM5 car by occupational negligence as above, by each two-day medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement;
1. Each written diagnosis;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes to the actual survey report;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question, and Article 148-2 of the Road Traffic Act.