특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of 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 KS7 car.
On February 21, 2016, the Defendant, while under the influence of alcohol of 00:40% in blood, had two-lane roads in front of the C in the Southyang-si, Gyeonggi-do, with one-lane off from the Hohyeong-dong bank, at a speed of about 90km in the city according to one-lane.
At the time, the Defendant was in the above place and changed the lane into two lanes, and thus, a person engaged in driving a motor vehicle had a duty of care to operate the direction when changing the lane, give notice of change of course, and take into account the traffic situation of the right and the right and the right and the right and the right and the right and the right and the right are
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle on the right side of the victim D (57) driveed on the two-lane due to the negligence of changing the two-lanes into the right side of the vehicle. The Defendant was placed on the right side of the front part of the vehicle driven by the Defendant.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered approximately 8 weeks of treatment to the victim F F (28 years of age) who is the passenger of the victimized vehicle, for approximately 2 weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Each written diagnosis;
1. Application of statutes on site photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62(1) of the Criminal Act 1.