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 became final and conclusive.
Punishment of the crime
1. On April 9, 2013, the Defendant was under the influence of alcohol at around 01:05, and around 0.216% of alcohol level, the Defendant driven B multilateral cargo vehicles at approximately 15km from the road near the office of Daedong-gu, Seoul Samsungdong to the 260-3rd Olympic Games.
1. The Defendant: (a) was driving a B Damp truck under the influence of alcohol with a 0.216% alcohol concentration as stated in paragraph (1) at the time and time; (b) was driving at a speed of about 70km per hour according to the four-lane of the above road from the Han River Airport located in the Han River Airport located in the Han River Airport located in the direction of the Seoul Dongjak-gu, Seoul; (c) while the Defendant was negligent in changing the lane to the right-hand side while driving the vehicle due to fuel dust, the Defendant was driving the Domp truck at a speed of about 70km from the Han River Airport located in the direction of the above road at a speed of about 50km; and (d) the Defendant suffered from the injury of the victim (35 years old) who was driving on the left-hand side of the Donsi in the lower end of the Donsi Airport in the above road by taking account of the traffic situation of the Jeon River.
Summary of Evidence
1. Defendant's legal statement;
1. Statement prepared by C on the occurrence of a traffic accident;
1. Statement of the circumstances of the driver, the oral statement, and the table for inquiry requested for appraisal;
1. Statement of the actual survey report;
1. Application of Acts and subordinate statutes stated in a written diagnosis;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and choice of imprisonment for each sentence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation;