특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not more than ten months.
Punishment of the crime
The Defendant was released on July 11, 2012 from Seoul Southern Prison on February 28, 2013 and for whom the parole period expired on March 25, 2013.
The defendant is a person engaged in driving a observer car B.
On October 15, 2013, the Defendant driven the said car while under the influence of alcohol of 0.123% of the blood alcohol concentration around 19:30 on October 15, 2013, and proceeded ahead of the Samsung Digital Flaon road located in the Southern-gu Incheon Nam-dong 1457 toward the distance of new engineer from the direction of the day-string distance.
The Defendant, as a result of the influence of drinking, proceeded as it was without a proper view, and the Defendant was driving at the front part of the foregoing car that the Defendant driven by the victim C(57 years of age) who was waiting for the signal at the front of the said car, received the back part of the D Poter cargo vehicle operated by the victim C(57 years of age) and sustained injury such as salt, tension, etc. in need of treatment for about three weeks for each of the above C and the above Poter Cargo E (49 years of age).
Accordingly, the Defendant driven a motor vehicle while under the influence of alcohol, and driven a motor vehicle while it is difficult to drive it normally, thereby causing injury to the victims.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A report on the initial measure, a survey report on the actual condition, and on-site photographs;
1. The user ledger of the drinking-free measuring instrument, the report on the circumstantial statements of the drinking-free driver, and the report on detection of the drinking-free driver;
1. Each written diagnosis;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of written judgments), and application of Acts and subordinate statutes governing the current status of confinement;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of death or injury caused by dangerous driving) are more serious.