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. The defendant is a person who is engaged in driving service on the CA110B Obaba, against the Act on the Aggravated Punishment, etc. of Specific Crimes;
On October 8, 2014, at around 01:35, the Defendant, while under the influence of alcohol with 0.190% of blood alcohol concentration, driven the above Oralinab, and proceeded at a speed of 40 km per hour at a speed of 40 km per hour, depending on the dry distance, from tin 1 High School to west 1,000, the distance as a dry ground in Incheon Seo-gu.
The defendant, who is engaged in Ototoba driving, had a duty of care to ensure the safety distance with the preceding vehicle and to accurately manipulate the brakes so as to prevent accidents.
Nevertheless, the Defendant did not see the front side in a situation where normal driving is difficult due to the above influence of drinking, and was negligent in operating the operation of the steering system at the latest, and received the back part of the victim C(43 years old) who was in the signal atmosphere in the front of the Defendant Oralba, with the front wheels of the Defendant.
As a result, the Defendant suffered from the said victim C’s salt and tension, which requires approximately two weeks of medical treatment by occupational negligence as above.
2. A violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol with approximately 0.190% alcohol concentration from a section of about 500 meters from the old dysium in the Seo-gu Incheon Western-dong, Seo-gu, Incheon to the third dysium in the Seo-gu, Seo-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Report on the statement of the state of drinking drivers, report on the request for appraisal, and report on the appraisal of blood alcohol;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the selection of a punishment for a crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and imprisonment, respectively;