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
The defendant is a person who is engaged in driving a third party vehicle.
On April 16, 2014, the Defendant, while under the influence of alcohol of 0.116% of blood alcohol concentration at around 23:10, the Defendant, without a driver’s license, proceeded one lane on the road of the fourth line in front of the mountain basin located in the front valley of the members of the Ansan-si, Ansan-si without a driver’s license, at a speed of about 50 km from the chill-distance distance to the remote distance of the Ansan-si. In such cases, a person engaged in driving a motor vehicle has a duty of care to live well with the front left and drive the motor vehicle safely.
Nevertheless, the Defendant neglected to perform his duty at the front time under the influence of alcohol, and caused the EXE car driven by the victim D(33 years old) who was stopped for the above signal atmosphere due to the negligence of not operating the brake system accurately, and caused the above EXE car to be driven by the front part of the Defendant’s driving vehicle, and the above EXE car to be pushed down in the future, the EXE car was driven by the victim F(33 years old) who was parked in front of the vehicle.
Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim D and the victim F to suffer injuries such as salt, tensions, etc. in each 2-day medical treatment, and the victim H (12 years old) who is a passenger of the Track-type motor vehicle, to suffer injuries such as salt, tensions, etc. in need of medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Each police statement made to D or F;
1. A yellow survey report, an accident photograph, a black stuff, and a video CD;
1. Records of the measurement of drinking alcohol, reports on the state of drinking drivers, and the register of driver's licenses (A);
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Act.