특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not more than ten 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 March 23, 2013, at around 02:25, the Defendant driven a blood alcohol 0.137% in a state where it is difficult to drive normally due to alcohol, and was driving the Category B B car at the front side of the Seongbuk-gu Residents' Center located in 616, Seongbuk-gu, Seoul, Seongbuk-gu, the Defendant sustained the injury of the victim C (30 years old) under the influence of alcohol due to occupational negligence running ahead of the center of the yellow cell line and driving ahead of the opposite direction, while driving the car at the left side of the vehicle that the Defendant driven by the victim C (30 years old) who was driving along the opposite direction.
Summary of Evidence
1. Defendant's legal statement;
1. Statement in an accident statement prepared by C;
1. Copy of the circumstantial statement of the host driver and each entry of the report on detection of the host driver; and
1. Entry of a traffic accident report;
1. Application of Acts and subordinate statutes stated in a written diagnosis;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
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 (The following circumstances, etc. considered favorable to the reasons for sentencing):
1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;
1. The scope of the recommended sentence on the sentencing guidelines / [type] the traffic crime group, general traffic accidents, injury by traffic accidents (type 1): - Where illegality in the proviso of Article 3(2) of the School Specialized Law is serious: Reduction element: - April of imprisonment with prison labor for not more than 4 months [the scope of sentencing by recommendation] - October (the minimum applicable area by law] - June of imprisonment with prison labor for not more than 6 months (the minimum applicable area by law); 10 months;
2. In a case where a decision of sentence is rendered, the defendant is under the influence of alcohol, making it difficult to drive normally;