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 the operation of X-gu motor vehicles.
On March 21, 2014, at around 04:50, the Defendant driven the above vehicle while under the influence of alcohol of 0.22% with a blood alcohol concentration of 0.22%, and led to the direction of "Food and Drug Safety Agency" in the direction of "Food and Drug Safety Agency" on the three-lane road in front of the 106-lane, south-gu, Incheon Metropolitan City.
At the time, due to the influence of drinking, the Defendant was unable to properly operate the remaining brakes which are difficult to drive in a normal manner, and the part left behind the left-hand part of the C Cost Star car stopped at the front of the said car by the Defendant’s driver, and continued to stop in the said Lone Star car before the said Lone Star car, and the part left behind the left-hand part of the D, which was stopped in the said Lone Star car before the Defendant’s driver’s driver’s license, was shocked with the front part of the said car.
As a result, the Defendant, while driving the said car under the influence of drinking, was unable to drive normally, and the Defendant suffered injury to the victim E (the aged 31) who was on board the said car in the Ireland due to the influence of drinking for about two weeks, such as salt, tension, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. E statements;
1. Report on the statement of the status of the driver, the report on the status of the driver, the report on the actions against the driver, and the investigation report (Evidence List 18);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Articles 5-11 and 148-2 (2) 1 and Article 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Articles 14-2 (2) 1 and 44 (1) of the Road Traffic Act, and choice of imprisonment with prison labor for each crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;
1. The lower limit of applicable sentences by law: Six months of imprisonment;
2. Scope of recommended sentences for sentencing criteria;
(a)the scope of recommendations;