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 02:20 on July 16, 2013, the Defendant driven a C rocketing car under the influence of alcohol content of about 0.120% in a section of about 1km from the road near the frequency of KRW 900 to the salary distance in the original-time phase from the 9900, which is in the original-time-run-dong.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a rocketing or other car.
At around 02:20 on July 16, 2013, the Defendant driven the said car while under the influence of alcohol and proceeded with the salary distance at the beginning stage of the original week as a step-off distance from the front-dong room.
In this case, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle by complying with the signal and checking the right and the right and the right of the motor vehicle.
Nevertheless, the Defendant neglected this and got the victim D (the age of 22) who is standing a crosswalk in accordance with the new subparagraph from the left-hand side of the running direction of the mast accused by negligence in violation of the signal, to the right-hand side of the passenger car of the Defendant.
As a result, the Defendant suffered injury to the victim, such as cerebral abrut which requires medical treatment for about two weeks, by negligence, while driving the said car in a state where normal driving is difficult due to influence of drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to the report on the proper launch of an employer, the report on whether to drive any danger, and the written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, etc., and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and imprisonment with prison labor