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
The recipient is a person engaged in driving of B Motor Vehicle.
On June 25, 2015, at around 02:50, the blood alcohol concentration was 0.203%, and the Defendant, while under the influence of alcohol, was driving ahead of the Gangseo-gu Office Building Distance at the airport in Gangseo-gu Seoul Metropolitan Government, to the direction of the mountain basin from the mountain basin.
Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle in accordance with the signals and accurately manipulating the brakes and steering gear in accordance with the signals.
Nevertheless, under the influence of alcohol, when the Defendant was negligent in accurately operating the brake system, the Defendant shocked the front part of the victim C(Nam, 26 years old) driving of the victim C(Seoul, South and 26 years old) who normally proceeds from the ebbbbbbbbing of the ebbbbbbbing in accordance with the signals from the ebbbs of Gangseo-gu.
As a result, the Defendant driven the said vehicle in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury, such as the pollution of the emuls open to the victim, which requires approximately four weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. A written statement of the victim;
1. A traffic accident report and a report on the occurrence of a traffic accident;
1. A certificate of measurement of drinking alcohol, a report on detection of drinking drivers, and a circumstantial statement of a drinking driver;
1. Accident site, vehicle photographs, etc.;
1. Application of Acts and subordinate statutes of a medical certificate for the preparation of a doctor;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the point of driving under the influence of alcohol at the option of a sentence: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;
1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;