특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment with prison labor for up to six 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 B B B B B B B BB car.
On April 19, 2015, the Defendant driven the said car while under the influence of alcohol 0.162% of blood alcohol level around 21:45, and moved the front road of Gangdong-gu Seoul Metropolitan Government to the intersection of the 3.6 complex intersection from the Gangseo-dong community service center at the direction of the lecture day.
At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to safely circumvent the lane by properly manipulating the steering gear and the steering system in the vehicle driving service with a view to keeping the vehicle in a safe manner.
Nevertheless, the Defendant neglected this and failed to properly operate the steering gear under the influence of alcohol, thereby driving in the opposite direction by the injured party D (W, 54 years old) due to the negligent negligence of the central line, and received the part prior to the driver's seat of the EM car from the Defendant's driver's seat.
As above, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered two parts of the said car that require two-day medical treatment to the victim F (the age of 54) who is the passenger of the victimized vehicle for about two weeks, and suffered two parts of the said car that require two-day medical treatment to the victim F (the age of 54) who is the passenger of the victimized vehicle for about two weeks, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual survey report on traffic accidents;
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, and 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. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62(1) of the Criminal Code of the suspended execution;