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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 01:30 on May 30, 2016, the Defendant driven a D Sti-type car under the influence of alcohol of 0.222% of the blood alcohol concentration from the 2km section to the front road of “C” located in the south-dong of the same City through the “GS25 Point” located in the same city and south-dong of the same city from the “unclaimed ocean park” road in the same city at the same time.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car under the influence of alcohol with 0.22% of the blood alcohol concentration on the date and time limit set forth in paragraph (1) above, and led the two-lane road in front of the “C” set forth in paragraph (1) of the said Article to proceed along two-lanes from the south-dong bank of Do to the horizontal distance outflow.
On the two-lane side of the two-lane side, the F Food Waste Collection Vehicle driven by the victim E (the age of 41) was stopped for the removal of waste. Therefore, the driver of the motor vehicle had a duty of care to reduce the speed to the person engaged in the driver's duty of driving the motor vehicle and to operate the brake in a safe manner by accurately manipulating the operation of the brake while considering the traffic situation of the front bank
Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the part of the left back of the vehicle collecting the waste was sent to the front door of the said vehicle and the fenced part.
As a result, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, resulting in injury to the victim, such as knee knee, knee knee, tension, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;
1. The actual survey report on traffic accidents;
1. An accident site photograph and a medical certificate;
1. Application of Acts and subordinate statutes to report internal investigation and telephone communications;
1. Relevant Article of the Criminal Act and the aggravated punishment, etc. of specific crimes selected.