특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 00:00 on August 21, 2017, the Defendant driven CM3 car under the influence of alcohol with a 0.205% alcohol concentration from the front of a restaurant in the Yong-dong, Yong-dong, Young-gu, a substantial amount of Cheongju City to the front road of the 428 large forest apartment.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) the Defendant driven the said SM3 car on the same day with a view to driving the said SM3 car, leading three-lanes in front of the said MM3 car to the seat of the macker reservoir at the gold-dong bank. On the front of the same lane, the Defendant was under the signal waiting stop in order to turn to the left.
In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle, such as thorough operation of the steering and operation of the steering gear accurately, as seen above, although the defendant had a duty of care to prevent accidents in advance, the defendant continued to drive the motor vehicle in a state where normal driving is difficult due to the influence of drinking, thereby resulting in the damage of the victim D and the victim F (the 21-year-old passenger) who is the passenger of the said rocketing and the above rocketing motor vehicle by taking the part behind the motor vehicle in front of the motor vehicle of the defendant, and resulting in the injury of the cerebrs, etc. without a head open.
Summary of Evidence
The defendant's legal statement D's report on the occurrence of traffic accidents, the actual condition survey report, the statement report on the situation of the driver who takes the photograph, the notification of the results of the crackdown on drinking driving, and the application of Acts and subordinate statutes.
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Aggravation of concurrent crimes.