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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 01:10 on July 29, 2015, the Defendant driven a Bsch Rexton car with a blood alcohol concentration of about 0.230% at the section of about 1km from the Jinsan-dong, Yongsan-gu, Busan-si to the shooting distance from the Goyang-si, Goyang-si, Goyang-si.
2. On July 29, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of 0.230% of the blood alcohol concentration at the Goyang-gu U.S. from the Goyang-gu Seoul Metropolitan City on July 29, 2015, and the Defendant was driving Bsch Rexton car at the speed of about 30 km in the direction of active duty service in the direction of the middle mountain village.
In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident in advance.
Nevertheless, under the influence of liquor, the Defendant neglected to do so and neglected to do so, and received the back part of the victim C (the 47-year-old driving) driving of the signal atmosphere at the front of the Defendant’s car by negligence in the course of duty.
Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and caused the victim C to suffer injuries such as catum salt, etc. requiring two weeks of medical treatment, and the damaged vehicle E (38 years of age) to suffer injuries to the catum that require medical treatment for the number of days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A report on detection of a host driver and a circumstantial report on the host driver;
1. A medical certificate or an examination and treatment fee;
1. Application of Acts and subordinate statutes, such as photographs of accident vehicles;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a drinking run) concerning the criminal facts;