특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year 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 engaging in driving a C siren car;
On June 30, 2015, the Defendant driven the said car under the influence of alcohol level of 0.187% on blood alcohol level around 20:55, and led to the moving of the shooting distance in front of the building D in Seoul Jung-gu from the new bank to the bank of the Seoul Medical Center.
Since there is an intersection, there was a duty of care to prevent a traffic accident in advance by yielding the course to the vehicle, if there is another vehicle seeking to cross-section by properly examining the traffic conditions of the front left-way by a person engaged in driving of the vehicle.
Nevertheless, under the influence of alcohol, the Defendant, while drunk, sniffing in the entrance, sniffly, with a little string and a little string, was due to the negligence of a sudden bypassing right at the left side of the moving direction, and the victim E (63 years old) driving from the left side of the moving direction to the intersection in accordance with the straighten signal, suffered injury, such as throst, etc., which requires approximately two weeks of medical treatment.
Accordingly, the defendant was injured by driving the above car while it is difficult to drive the car normally due to the influence of drinking.
2. The Defendant violated the Road Traffic Act (driving a sound driving) at the same time, while under the influence of alcohol of about 0.187% of blood alcohol level in the range of about 300 meters from the roads near the Korea Army Academy at Army in Seoul Special Metropolitan City, Nowon-gu, to the above shooting distance.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the occurrence of E traffic accident;
1. The actual condition of traffic accidents;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Results of measurement of drinking;
1. The application of the law of the medical certificate.