특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight months.
except that 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 bicycle in Bmeral problems.
On September 14:10, 2013, the Defendant driven the above motorcycle while under the influence of alcohol with 0.146% of alcohol concentration of 0.146%, and turned the two-lane road in front of the Shari-gu, Busan East-gu, Busan, with the speed of speed as soon as possible depending on the front side of the Sari-si.
In such cases, a person engaged in driving of a motorcycle has a duty of care to prevent accidents in advance by safely driving the motor vehicle in a safe way to live well.
Nevertheless, in a situation where normal driving is difficult due to such influence of alcohol as above, the Defendant, as long as he neglected the duty of a prior-time watch, caused brooms by negligence, and brooms down the central line, and led to the frighting car driven by the victim C at the vehicle line facing the central line.
As a result, the Defendant caused the injury to the victim C, which requires approximately two weeks of medical treatment by occupational negligence, to the victim E, such as light salt, etc., and the victim E, who was on the rear seat of the above motorcycle, for about six weeks of medical treatment, suffered from the injury, such as the left-hand pelle, and the following pelle, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. Application of Acts and subordinate statutes to the traffic accident report, report on the actual condition of a driver, report on the statement of the status of a driver, report on the actions taken against a driver, each medical certificate, and report on investigation;
1. 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 concerning the crime committed;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62(1) of the Criminal Act (i.e., Article 62(1) of the Act on the Suspension of Execution (i.e., the fact that the defendant is against the defendant, the fact that the defendant is subscribed to liability insurance, and the defendant does not have