특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not more than ten 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
The defendant is a person who is engaged in driving a motor vehicle B.
1. Around 23:40 on July 5, 2014, the Defendant driven the said car in a section of approximately 500 meters prior to the exit of the port located in Busan Shipping Daegu Do, from the road front of the “Yab,” which is the main point in the customary market located in the port located in Busan Shipping Daegu Do, while under the influence of alcohol of 0.137% of the blood alcohol level.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said car while under the influence of alcohol at the time indicated in Paragraph 1, and proceeded three lanes of three lanes in the three-lanes in front of the exit of Busan High-dong, Busan High-dong, Busan High-dong, Busan High-do, with a speed of about 30 to 40km.
At the same time, there are vehicles parked on the side of the road and there are frequent mobility of people between them. Thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by safely operating the motor vehicle by driving the motor vehicle well, operating the steering wheel and brakes accurately.
그럼에도 피고인은 술에 취하여 이를 게을리한 채, 그대로 위 승용차를 운전한 과실로 같은 차로 우측에 정차된 C 토스카 택시 옆에 서 있던 피해자 D(49세)을 충격하여 피해자로 하여금 앞으로 튕기면서 전방에 정차 중이던 E K5 택시에 충격되게 하였다.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury, such as mination of flaverization, to the right-hand side, which requires medical treatment for about 12 weeks.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.