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 defendant is a person who is engaged in driving a B-to-pur vehicle.
On June 13, 2016, at around 00:35, the Defendant driven the said vehicle under the influence of alcohol of 0.136 percent with a blood alcohol concentration of 0.136 percent, and was in the direct direction from the direction of the Go River-dong 267 Sucheon-gu, Ocheon-gu, Yancheon-gu to the Handong-dong.
In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents by driving a motor vehicle in advance by safely driving it, such as making a well-round traffic situation, and accurately manipulating the steering gear, brakes, etc.
Nevertheless, the Defendant neglected to do so and was negligent, and the part behind the victim C's D driver's D driver's car in the signal stop on the surface of the earth, and the front part of the Defendant's vehicle.
Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt dump, tension, etc., in need of two-day medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A report on the circumstances of driving under the influence of alcohol, a report on the occurrence of a traffic accident, a survey report on actual condition, and a medical certificate
1. Application of each statute on photographs;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the crime of drinking traffic accidents in this case is not good, but the defendant reflects his mistake and is subscribed to the comprehensive motor vehicle insurance.