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. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor bicycle 124C motorcycle owned by Ma-dong C.
On May 11, 2014, the Defendant, while under the influence of alcohol at 06:21% of blood alcohol concentration, driven the said motorcycle, and driven the two-lane road in front of the 152-lane in Jongno-gu Seoul, Jongno-gu, Jongno-gu, Seoul, in the direction of the Chungcheong Elementary School, drive the two-lane road at the speed of about 50 km in the direction of the sub-section, and changed the lanes from the front bank to the two-lane for overtaking.
At night, the above road was a bend road, and in such a case, the person engaged in driving service had a duty of care to safely drive the steering gear and the brake system by accurately manipulating the front line.
Nevertheless, the Defendant neglected this and failed to properly operate the steering gear while neglecting it, lost the center by negligence, and caused the boundaries of the roadway and India to go beyond the above motorcycle in front of the above motorcycle.
As a result, the Defendant, while driving the said vehicle under the influence of alcohol which is difficult to drive normally, suffered injury to the victim D(the age of 32) who was driving the said vehicle on the said motorcycle, such as a non-motor vehicle for about four weeks in need of medical treatment.
2. On May 11, 2014, the Defendant driving a motor hold bicycle under the influence of alcohol with approximately 0.172% of alcohol concentration from the Defendant’s house located in Eunpyeong-gu Seoul Metropolitan Government E to the above accident site.
3. The Defendant illegally uses a motor bicycle as above without the victim C’s consent at the date, time, and place of paragraphs 1, 2, and 3.
(i) the evidence;