특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not more than ten months.
Punishment of the crime
[Criminal Power] On August 31, 2012, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act in the original state branch of the Chuncheon District Court on August 31, 2012, and on November 27, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act (Dangerous Driving) in the original state branch of the Chuncheon District Court on November 27, 2012, and is currently under suspended sentence.
【Criminal Facts】
The defendant is a person who is engaged in driving a C-A-Wurd Motor Vehicle.
On December 22, 2012, the Defendant driving the said car without obtaining a driver’s license at around 01:51, while under the influence of alcohol with a blood alcohol concentration of 0.163%, and led the Defendant to drive the said car along the intersection in front of the clean water market located in the original city of Gangwon-do at the original city of Gangwon-do along the two-lanes from the side of the site to the gate.
At the time, the Defendant was behind the victim D(the age of 26) driving, followed the EM5 vehicle behind the victim D(the age of 26) driving, and thus, the Defendant had a duty of care to prevent accidents in advance, such as taking into account the situation, securing a safe distance to avoid the suspension of the said SM5 vehicle, operating the brakes accurately, etc.
Nevertheless, the Defendant neglected this and found the above SM5 vehicle which was stopped due to the mast stop signal due to negligence when driving the vehicle by drinking, and did not stop the above SM5 vehicle, but did not stop, and received the behind part of the above SM5 vehicle with the front part.
Ultimately, the Defendant, as seen above, is driving in a state where normal driving is difficult due to influence of drinking, and is in need of a warning for about two weeks to the victim D and the victim F (the age of 21) who was on board the said SM5 car.