특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six 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
The defendant is a person who is engaged in driving a character B.
On January 5, 2013, the Defendant driven the said car under the influence of alcohol of 0.125% with a blood alcohol concentration of 04:00, and continued to drive the said car at a speed of 0.125%, leading to two-lanes in the speed of speed depending on the two-lanes between the 4-lane 4-lane and the 0-lane 4-lane Do-dong Hospital of Yangcheon-gu Seoul.
At that time, other vehicles were passing along the road. In such a case, a person engaged in driving of a motor vehicle has a duty of care to properly operate the steering direction and brake system of the motor vehicle and to safely drive the motor vehicle in compliance with the safety distance with other vehicles.
Nevertheless, under the influence of alcohol, the Defendant: (a) found the victim C(the age of 38)'s fluor who was parked in the signal air at the front side of the same lane as the Defendant, while neglecting it; (b) did not avoid it; (c) did not immediately drive the fluor; and (d) did not receive the back part of the damaged vehicle due to the front part of the fluor in front of the fluor in the driver's vehicle; and (d) suffered injury, such as the fluor's fluor's fluor's fluor's fluor'
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. C's statement on the occurrence of traffic accidents;
1. A traffic accident report, a survey report, and a vehicle photograph;
1. A certificate of drinking alcohol measurement, a report on the state of drinking drivers, and a report on the state of drinking drivers;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Selection of imprisonment, as provided for in 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. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;