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 driving a small-scale car B.
At around 21:20 on March 23, 2013, the Defendant driven the above vehicle while under the influence of 0.115% of alcohol concentration, and led the Defendant to drive the vehicle in front of the white speed 0.15% of the blood alcohol concentration, along the same two-lanes of the two-lanes, using the ambast distance shooting distance. At night, it was difficult for the Defendant to drive the vehicle at night, and there was a duty of care for those engaged in driving the vehicle to drive the vehicle in a safe manner by accurately operating the steering and steering gear. Nevertheless, the Defendant, by negligence while driving the vehicle under the influence of alcohol so that it is difficult to drive the vehicle normally, caused the Defendant’s injury to the victim C (on the back of the 34-year-old driver’s Do drive, the lower part of the Defendant 34-year-old driver’s vehicle in front of the Defendant’s vehicle and the Defendant’s injury to the victim by shocking the vehicle in front of the vehicle and the victim.
As a result, the Defendant was driving in a state where normal driving is difficult due to the influence of drinking, and suffered an injury to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The actual condition survey report;
1. A report on whether to drive any dangerous motor vehicle;
1. A report on detection of a host driver;
1. Related photographs;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The fact that the defendant under Article 62 (1) of the Criminal Act led to the confession of the crime of this case, and the mistake is divided, that there was no record of punishment exceeding the fine imposed on the victim, and that there was no record of such punishment.