특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 18, 2006, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court on October 18, 2006, and a fine of KRW 3 million for the same crime at the same court on September 4, 2007.
1. On June 15, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by dangerous driving) was a signal signal atmosphere in order to turn to C from the side right tunnel by driving a motor vehicle while under the influence of alcohol with blood alcohol concentration of 0.265%.
At night, the passenger car of the victim E(n, 45 years old) was at night, and the passenger car of the victim E(n, 45 years old) was at the time, so in such a case, a person engaged in driving a motor vehicle has a duty of care to see the rear side well and accurately manipulate the steering and brake system to prevent the accident from spreading.
Nevertheless, while neglecting this, the Defendant was negligent in setting an drunk language in the middle, and caused the Defendant to go behind the Defendant’s car due to the negligence of leaving the boarding language in the rear, and received the victim’s front part of the passenger car after the Defendant’s car.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as climatic salt, which requires treatment for about two weeks, to the victim.
2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle in the course of approximately 2 km from the window restaurant 6-1 at the time and time specified in paragraph (1) to the place of accident specified in paragraph (1) under the influence of alcohol with a blood alcohol concentration of about 0.265% from the 2km section.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Traffic accident reports, circumstantial reports (whether a dangerous driving is conducted), notification of the results of the control of drunk driving, diagnosis reports, criminal records, and inquiry reports;