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 a period of 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 K5-car.
On March 15, 2017, the Defendant driven the said car under the influence of alcohol level of 0.161% among blood transfusions on March 15, 2017, while normal driving is difficult, and led to a two-lane road in front of the D Agent in Kimcheon-si C, in the direction of Kimcheon-si, along the one-lane from the boundary of Kimcheon Police Station.
It is a road where the center line of yellow solid lines is located, so the person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the car line.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving beyond the center line, and the front part of the Victim E(68) driving, which was proceeding normally in the opposite part, was received as the front part of the Defendant’s vehicle.
As a result, the Defendant, while driving a motor vehicle under the influence of alcohol that is difficult to drive normally, suffered from the injury to the victim E, including four or more cages that require approximately six weeks of medical treatment, and the injury to the victim G (V, 66 years of age) who was accompanied by the damaged vehicle for about two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A survey report on actual condition and an accident scene photograph;
1. Application of Acts and subordinate statutes to a report on investigation (for attaching a written diagnosis of a victim);
1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a lecture is high in the measuring level of reasons for sentencing under Article 62-2 of the Criminal Act.