특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not more than ten 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 car with Crato.
The Defendant, at around 00:20 on May 15, 2016, driven the above vehicle while under the influence of alcohol of 0.115% of the blood alcohol concentration 0.15%, in which face is red, inaccurate, unfolded, walking, etc., and led the Defendant to the right-hand from the Seongbuk-gu Office of Seongbuk-gu along the two-lanes of the traffic information center in Seongbuk-gu Seoul, Seongbuk-ro 68-ro, Seoul.
A person engaged in driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and has a duty of care to operate the steering system and brake system of the motor vehicle accurately and to safely drive the motor vehicle by checking well the right and the right of the front.
Nevertheless, under the influence of alcohol, the Defendant did not neglect it and did not see the E-to-land operated by the victim D (year 31) who was on the fourth line of the said road, and had the victim go beyond the ground by shocking the front part of the letob that the victim drives to the right edge of the vehicle driven by the Defendant.
As a result, the defendant suffered from the left-hand aggregate of approximately six weeks of medical treatment due to negligence in the course of business that drives a vehicle while normal driving is difficult due to influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A survey report on actual condition, and a report on actual status of a driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (each choice of imprisonment with prison labor);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The scope of recommendations according to the sentencing guidelines for traffic crimes with reason of sentencing under Article 62(1) of the Criminal Act, the criteria for suspension of execution, and the fact that the accused has no criminal history; and