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 of the final judgment.
Punishment of the crime
1. Around 17:45 on March 11, 2014, the Defendant was driving a BM3 car under the influence of alcohol content of approximately 0.194% at a section of about 200 meters, from the frontway of the restaurant in the Seoul Sea-gu Seoul metropolitan area to the frontway of the gas charging station in the original city city.
2. The Defendant is a person engaged in driving a vehicle BM3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).
The defendant, as above, was in a state where normal driving is difficult due to influence of drinking, such as in-depth, big, walking, etc. while under the influence of alcohol, but driving of the above vehicle at the stage of the driving of the vehicle at the site located in the stage of the original city, which is located in the middle distance of the distance of the site at the stage of the road at the stage of the original city, led to a U-turn at the one-lane of the three-lane.
In this case, the driver of the motor vehicle has a duty of care to live well in the front and rear left and drive the steering gear accurately to prevent the accident by safely operating the steering gear.
Nevertheless, the Defendant neglected this and proceeded with the part on the left side of the Do1 ton cargo vehicle operated by the victim C (year 52) who was driving at the phase of the 52-off distance away from the underground road by the negligence of which the Defendant neglected it, with the part on the front part of the driver's seat of the Defendant vehicle.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately three weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident statement;
1. A report on detection of a host driver;
1. A medical certificate;
1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury caused by dangerous driving and the choice of imprisonment) and the Road Traffic Act concerning criminal facts.