특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The defendant is a person who is engaged in driving a Bran vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
On April 6, 2017, the Defendant driven the above car around 08:15, and moved to C apartment complex from the direction of the Masan-gu Incheon apartment commercial building to the intersection.
Despite the duty of care to prevent traffic accidents in advance by properly operating the steering and steering gear of a motor vehicle, the defendant neglected to do so and led to the failure of his/her duty of care to prevent traffic accidents. However, the defendant's negligence of driving at C apartment complex, which led to the failure of the victim D(56 years old) who was trying to make a right-hand at C's 3 dong community service center due to the failure of his/her driver to drive the motor vehicle at the right-hand side of the blood alcohol level of 0.174% while it is difficult to drive the motor vehicle normally while driving the motor vehicle.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.
2. On April 6, 2017, the Defendant violated the Road Traffic Act (drinking) driving a B-low-income vehicle at a section of about 400 meters from the parking lot for the second apartment in Yeonsu-gu, Incheon, which is located in the 315-ro of the cause of Yeonsu-gu, in a state of alcohol concentration of 0.174% in blood, around 08:15.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Application of the Acts and subordinate statutes to a diagnostic letter, accident scene, vehicle photographs related to the vehicle, or a black stuff image fluor;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.