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 a period of 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 of B Poter trucks in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before danger)
On December 21, 2015, the Defendant driven one lane on the front road of an elementary school located in Gyeyang-gu, Mayang-gu, Mayang-si on December 21, 2015, while under the influence of alcohol content of 0.151% in blood, the Defendant driven one lane on the road of 3-lane from military brea-si to Seoul brea-si.
At night, at this time, a person engaged in driving service has a duty of care to safely operate by properly operating the steering gear and steering the steering gear.
Nevertheless, the Defendant was able to see the direction of the vehicle in front of the Defendant’s driving, and the walking condition was driven by drinking alcohol, such as a string distance, and the front part of the DKan Corpon vehicle driven by the Defendant, which was driven by the victim C(47 years old) who was standing in the same direction as the signal waiting in the front side of the same direction without examining the front side.
After all, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as a light signboard that requires approximately six weeks medical treatment, etc., to the victim.
2. On December 21, 2015, the Defendant violated the Road Traffic Act (drinking) driving a B Poter vehicle even though he/she is under the influence of alcohol content of 0.151% in the blood of around 05:57, while driving a B Poter vehicle in a mutual in the vicinity of the gold Station in the Sinpo-si, Sinpo-si, Goyang-si, Goyang-si, Goyang-si, Goyang-si, Goyang-si, Goyang-si.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A medical certificate;
1. Reports on traffic accidents: (i) and (ii), reports on the circumstances of driving at home, and reports on the detection of drivers at home;
1. Application of statutes on site photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.