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
On June 8, 2015, when the Defendant was unable to drive due to the influence of alcohol that reaches 0.157% of blood alcohol concentration at around 23:00, the Defendant: (a) driven a motor vehicle of 1st century; (b) driven a motor vehicle of 20.0km-ro, Yancheon-gu, Yancheon-gu; and (c) driven at approximately 80-90 kilometers in the speed of Incheon at the 1st parallel of four lanes in the direction of Incheon at the Seoul bank; (d) discovered the victim C(54 years of age) driving prior to the front bank late back of the said motor vehicle, and received the part subsequent to the back of the said Astring-si.
The Defendant, by such occupational negligence, suffered from the victim E (the aged 38) who was on board the instant rocketing taxi seat in approximately 2 weeks of light clocks, etc. requiring approximately 2 weeks of medical treatment to the victim C, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of E and C;
1. Traffic accident report, on-site photograph, statement of the circumstances of a drinking driver, record keeping of a drinking test, inquiry into the results of the drinking control, and report on the circumstances of a drinking driving;
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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of running a sound driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
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;
1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] is the basic area (including special mitigation) of type 1 (the injury caused by traffic accidents) (the person subject to special mitigation) / Where illegality in the proviso of Article 3(2) of the School Special Act is serious (the decision of sentence): The fact that there is no record of punishment heavier than imprisonment without prison labor, the fact that there is no record of punishment heavier than imprisonment without prison labor, the fact that it is against the general insurance.