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 of the final judgment.
Punishment of the crime
1. The defendant is a person who runs a driving service of the B high-speed car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act;
On October 7, 2014, at around 22:50, the Defendant driven the above vehicle while under the influence of alcohol with 0.113% of alcohol concentration 0.13%, and led D in front of the road located in Pyeongtaek-gun, Jeonnnam-gun, along a two-lane radius from the surface of the bank to the surface of the bank.
At the time of night, it was difficult to view the front door, and there was a vehicle going on the front door along the same lane, so in such a case, a person engaged in driving service has a duty of care to safely operate the front door well and prevent the accident in advance.
Nevertheless, due to such influence of drinking as above, the Defendant was negligent in driving under normal conditions such as red-lighting and unfolding distance, and was driven in front of the victim E(the age of 41) driving by negligence while driving in the front.
The Defendant, by such occupational negligence, caused the victim E to suffer injury, such as salt ties and tensions, which requires approximately two weeks of medical treatment, and the victim G (39 years of age) who is the passenger of the frighting vehicle, to suffer injury, such as cerebral finites, which requires approximately two weeks of medical treatment.
2. On October 7, 2014, at around 22:50, the Defendant suffered a traffic accident, such as Paragraph 1, on the front road located in Hap-gun, Hapyeong-gun, Hapyeong-gun, and the Defendant inflicted injury on the victim G when he reported a defect to 112, and when he reported a defect in the accident to 112, he reported a defect to 112, resulting in the victim’s injury, such as impairment of face value requiring treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. G statements;
1. Reports on traffic accidents, reports on the circumstances of model drivers, and reports on detection of model drivers;
1. Each written diagnosis of G and E;
1. Regarding an accident;