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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a vehicle B or B.
On September 21, 2015, the Defendant driven the above vehicle while under the influence of alcohol 0.272% of blood alcohol concentration around 12:50 on September 21, 2015, and driven the front road of the Boan Welfare Center for the Aged in the Yellow-si of Boan City along two-lanes from the direction of the Boan Fire Station to the Boan Police Station.
In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by thoroughly operating the steering system, brakes and other devices of the motor vehicle, as well as to drive the motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, and by accurately operating the steering system, brakes and other devices of the motor vehicle.
Nevertheless, the Defendant neglected his/her duty to drive normally due to the above influence of drinking, while driving in the front of the road, and neglected to do so, thereby making a right-hand in the front of the road, and thereby making a right-hand in the front of the road. As such, the Defendant was in front of the Defendant’s vehicle driving.
Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the need for a medical treatment for about two weeks, and in detail, the need for treatment of unknown persons and the pelvis part of the pelvis part.
2. A violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol at a section of about 1km from the front day of the Yan Senior Welfare Center, which is located in Bocheon-si, Bocheon-si, to the front day of the Yan Senior Welfare Center, with a blood alcohol concentration of at least 0.272%.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Reports on the occurrence of a traffic accident and the report on a traffic accident;
1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;
1. The application of the law of the medical certificate.