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 this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving freight B.
On July 18, 2013, the Defendant driven the above cargo while under the influence of alcohol 0.163% of the blood alcohol concentration of 0.163%, and led to the turn to the left from the border of the original city at the port of the East-si.
Since there is a signal apparatus installed, it is possible to carry out the duty of care to the person engaged in driving service, and there was a duty of care to drive safely according to the new code.
Nevertheless, the Defendant neglected this and neglected to turn to the left in contravention of the signal, and received the part of the injured party C(64 years old) driver’s Rab-on and the front part of the right-hand part of the driver’s Rab-on on the right-hand side of the f4 years old, moving to the right-hand side of the flab.
As above, the Defendant, while driving under a difficult condition to drive normally due to influence of alcohol, suffered from the injury of the victim, such as dynas, tensions, etc. of the bones of wood that requires treatment for about two weeks, damage of the victim E (the age of 14) and the victim F (the age of 13) on the part of the part of the neck in need of treatment for about two weeks, and damage of the fynas, etc. to the victim G (the age of 13) of the fynas in need of treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. C’s statement;
1. Application of Acts and subordinate statutes to the report on the proper launch of a driver, the report on whether to drive any danger, and the written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of types of punishment and imprisonment with prison labor;
1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.