특정범죄가중처벌등에관한법률위반(위험운전치사)등
A defendant shall be punished by imprisonment for not less than two years and six months.
Punishment of the crime
1. The Defendant is a person who is engaged in driving a vehicle in C in a manner that is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On September 23, 2016, the Defendant was under the influence of alcohol to the extent that he/she could not memory his/her behavior at all (e.g., alcohol concentration 0.182%). However, the Defendant driven the said car on September 23, 2016 and proceeded at approximately 100 kilometers in speed from the side of Ulsan-gu, Ulsan-gu to the successful student level at the speed of about 100 kilometers.
There are two-lanes of bridges, which have a fall prevention wall at the edge of the above road, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle along the lane while observing the speed limit and prevent the accident in advance.
Nevertheless, under the influence of alcohol, the Defendant was unable to drive along the lane without driving along the lane, and was negligent in getting off two lanes from the right side of the Defendant’s running direction, and was placed on the fall prevention wall installed on the right side of the Defendant’s running direction, and due to the shock, the front part of the victim D(61 aged)’s E-si driving that was going beyond the median line on the two-lanes of the opposite direction was placed on the front part of the Defendant’s driving, and the front part of the victim’s F (48 aged) driving that was going in the opposite direction was turned on the front part of the Defendant’s driving.
As a result, the Defendant driven a motor vehicle under the influence of drinking that it is difficult for the Defendant to drive the motor vehicle normally and caused the victim D to die due to a sudden stop from the tin, and caused the victim F to suffer bodily injury, such as salt ties, tensions, etc. which require approximately three weeks of medical treatment.
2. Violation of the Road Traffic Act (drinking driving) provides that the Defendant shall start from the studio parking lot in which it is impossible to find out the trade name after boom-dong, Ulsan-dong, Busan Patch-dong, Ulsan-do, Patch-dong.