특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, 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 and Injury caused before the risk) by the Defendant is a person engaged in driving a car with CBelgium.
On October 15, 2016, the Defendant driven the said vehicle while under the influence of alcohol level of 0.186% from the blood alcohol level around 00:10 on October 15, 2016, and driven the said vehicle at a non-speed speed depending on three-lanes in front of the D in light of luminous direction toward the refluence at the downstream of the flow.
However, due to the influence of alcohol, the Defendant was negligent in driving on the front part of the Defendant’s vehicle, and due to the negligence that the Defendant was unable to accurately operate the steering gear and operation devices, and received the back part of the FITI 100-wheeled vehicle driven by the victim E ( South, 62 years old).
Defendant 1 suffered injury to the victim due to the above occupational negligence, such as sugars without any room in the two cases where approximately eight weeks of medical treatment is open.
2. On October 15, 2016, the Defendant, while under the influence of alcohol at around 00:10, the Defendant driven the said car at approximately 1 Km section from the front of G at the time of light lighting to D in the front of the same city at the same time, while under the influence of alcohol at around 00:10, the Defendant driven the said car at around 1 Km from the front of G at the time of light lighting to D.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A written diagnosis of E;
1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of drinking;
1. Application of Acts and subordinate statutes to on-site and vehicle photographs, black stuffs, and caps;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;
1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum of long-term punishment: Provided, That the minimum of punishment shall be determined for the crimes of violating Road Traffic Act) shall apply to concurrent crimes;
1. Article 62(1) of the Criminal Act (The following circumstances are considered in favor of the reasons for sentencing).