특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six 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
On February 10, 2011, the Defendant received a summary order of KRW 5 million from the Chuncheon District Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving).
Criminal facts
1. Around 21:00 on May 11, 2015, the Defendant driven a CM car under the influence of alcohol content of about 1.1 km from the front of the doctoral degree in the Cr. Do in the Cr. Cr. Do in the Cr. Do of Chuncheon City to the front road of the Cr. Do in the same city-ro 3, the city-ro.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a CM car;
At the date stated in paragraph (1), the Defendant driven the said car while under the influence of alcohol content of 0.172%, and led the front road of the Chuncheon Sejong City, which is located in the center of Chuncheon City, 3,000, to bypass from the Chuncheon basin to the vacant road.
In the case of a bypassing, the driver has a duty of care to check the safety of the course by checking well the right and the right before the bypassing.
Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(41) who was straight along one lane on the left side of the course due to the negligence that was driven by by the Defendant’s neglecting this and going by by bypassing it as it is, and was driven by the Defendant on the left side of the horse in the course of the course.
As a result, the Defendant, while driving under a difficult condition due to such influence of alcohol as above, suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A survey report on actual condition, a report on the actions against a driver, and a report on whether to drive any danger;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;