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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B sod;
On January 15, 2015, at around 20:40, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.195%, and the Defendant was crossing the road in order to turn to the left at the direction of a mountain at the parking lot for an original restaurant, while driving the said vehicle in a state of the width.
Since there is a two-lane road in which the central separation salary is installed, a person engaged in driving service has a duty of care to safely drive not more than the central line and prevent traffic accidents.
Nevertheless, as seen above, the Defendant neglected to drive normally due to influence of alcohol and neglected to turn to the left at the center of separation wing, and due to the negligence of crossing the road in order to turn to the left at the left at the left side of the vehicle of the said A-Wurd-Wurg, the Defendant received the front portion of the F spectrum wing car driven by the victim E(27 years old) who is driving on one lane from the direction of the racing.
Ultimately, the Defendant suffered, from the above occupational negligence, the injury to the victim E, such as a scroke, which requires approximately four weeks of medical treatment, and the injury to the victim G (26 years of age) who was the passenger of the said scrost wing car, about two weeks of medical treatment.
2. The Defendant violated the Road Traffic Act (driving) at the same time and place as that set forth in the preceding paragraph, driving the said Aburged vehicle with approximately 30 meters alcohol concentration of about 0.195% under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on the situation of driving under the influence of alcohol and the results of the control of drinking driving;
1. Each written diagnosis;
1. Application of the photographic Acts and subordinate statutes;
1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.