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 a low-speed car B.
1. On August 15, 2014, at around 01:17, the Defendant driven the said car under the influence of alcohol content of about 0.267% without obtaining a driver’s license in the section of about 2km from the front of the main office in mutual in the vicinity of Seo-gu, Seo-gu, Incheon, Seo-gu to the official distance in the same Dong.
2. On August 15, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car at a speed of about 70 km per hour on the side of Seo-gu, Seo-gu, Incheon, along the two-lane road along the two-lane distance of the public road in Seo-gu, Incheon.
In such cases, a person engaged in driving service has a duty of care to accurately operate the steering gear and brakes and to safely proceed by controlling speed in advance.
Nevertheless, the Defendant was negligent in driving while driving under the influence of alcohol while normal driving is difficult due to the negligence of the Defendant, and the victim C (the age of 54) driving prior to the same direction, and received the back part of the victim C (the age of 54) driving as the front part of the Defendant’s vehicle.
After all, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury to the victim C and the victim E (the victim E (the victim of 47 years of age) who is the passenger of the said taxi for about two weeks in need of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A traffic accident report, on-site inspection report, and on-site photographs;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Dangerous driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the criminal facts as provided in the corresponding Act.