특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not more than ten 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
On March 16, 2011, the Defendant was sentenced to a fine of 3.5 million won due to a violation of the Road Traffic Act in the Incheon District Court's Branch of Incheon District Court on March 16, 201, and is engaged in driving of Bro-car.
On September 24, 2013, the Defendant driven the said vehicle while under the influence of 0.131% of alcohol concentration in blood at around 04:40 on September 24, 2013, while driving the said vehicle at the speed of 0.131%, the Defendant neglected to perform his duty at the time of front-time, while driving the first two-lanes of the four-lanes in front of the death distance in the Gonam-dong High Hospital located in Ansan-dong, Ansan-si, the Defendant neglected to perform his duty at the time of front-time, due to the influence of drinking, and received the back portion of the D SMM car in front of the same lane when the Defendant was negligent in not operating the operation system properly.
Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and sustained the injury of the victim E (the 52 years old) who was the above victim C and the above E-M-M-M-M-M-car passenger, for three weeks’ medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement to C by the police;
1. Reports on traffic accidents, reports on occurrence of traffic accidents, relevant photographs, records on drinking measurement, notification on the results of the drinking driving control, inquiry into the results of the drinking driving control, reports on the state of drinking drivers, statement on the state of traffic accidents, and written diagnosis of each traffic accident;
1. Application of one copy of the inquiry report on criminal records, etc. and one summary order;
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;
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 provides that the defendant shall have the same previous department only once.