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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a driver of B observer car.
On March 10, 2013, at around 11:00, the Defendant, without a driver’s license, driven the said car under the influence of alcohol with 0.252% of the blood alcohol concentration, making it difficult for the Defendant to drive the said car normally, and, at the same time, continued to drive the road front of the Gwangjin-gu, Yannam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, in the direction of an administrative Ri, in the direction of three distance.
Since there is no distinction of lanes, it was a duty of care for those engaged in driving service to thoroughly operate the steering system and operating the steering system in a safe manner.
Nevertheless, the defendant neglected this and failed to properly operate the steering gear and brake system by drinking so that he was driven by the victim C(57 years of age) driving in the opposite direction, and received the front portion of the D Poter truck's left side in front of the left side of the said car.
Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and caused the victim to suffer from an injury of the fluoral fluoral salt, which requires approximately two weeks medical treatment due to such occupational negligence.
2. At around 11:00 on March 10, 2013, the Defendant driven the said vehicle while under the influence of alcohol content of 0.252% without the driver’s license from the influent land in the Gwangjin-gu, Dong-gu, Chungcheongnam-gu to the accident site described in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The actual survey report on traffic accidents;
1. A medical certificate;
1. A report on detection of a host driver and a circumstantial report on the host driver;
1. Application of the statutes on the register of driver's licenses;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.