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
On October 15, 2010, the Defendant issued a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act, at a district court of Jung-gu on the same day, and on May 2, 2012, the Defendant issued a summary order of KRW 4,50,000 to a fine for the same crime.
The defendant is a person who is engaged in driving a C observer car.
On December 8, 2014, the Defendant, without obtaining a driver's license at around 23:45 on December 23, 2014, driving the said car with the blood alcohol concentration of 0.130%, which was under the influence of mandatory insurance, led the Defendant to drive the said car along the two-lanes in front of the DNA shooting distance at Sejong-si, along the direction of the offline from Daejeon.
At this point, there is a duty of care to prevent accidents by driving safely, such as temporarily suspending, reducing speed, and accurately operating the brake and steering gear, etc. for the defendant engaged in driving service.
Nevertheless, the Defendant neglected this and went through the said intersection by negligence on the right side of the options car, and received the front part of the victim E (the 67-year-old driver) driving the said intersection from the direction of the home plug.
As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, resulting in the injury of the victim G (the 46-year old-age-old passenger), such as dynasium, tension, etc. of the bones of wood, which requires approximately two-day medical treatment, to the victim G (the 46-year-old passenger), and damaged the above taxi owned by the victim E by negligence in the course of performing the above duties to cover KRW 8,423,378.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of G and E;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. The mandatory insurance policy;