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
The defendant is a person engaging in driving a PP car.
1. Around 00:10 on March 18, 2016, the Defendant driven the said food car under the influence of alcohol level of about 0.153% in a section of about 200 meters from the street in front of the Nando-dong Meal House to the roads front of the said CKplra, which is located in the daily East-dong Meal Service at high time.
2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous Driving”) around 00:10 on March 18, 2016, the Defendant tried to turn to the left by driving the said PP car, which was the front of the CKpllas at the Hanyang-gu Mealdong Meal at the entrance of the house at the above 1 and 2 complex.
In this case, a person engaged in driving service of a motor vehicle has a duty of care to properly see the front, rear, left, and right and right of the motor vehicle, and to accurately manipulate the steering and brakes so as to prevent accidents.
Nevertheless, in order to make a left-hand turn without neglecting it under the influence of alcohol as above, the defendant was driven by the victim C(50 years of age) who was driving along the right-hand side from the left-hand side of the defendant's proceeding to the right-hand side of the victim C(50 years of age) who was driving by the defendant.
Ultimately, the Defendant is driving the said food car in a state where it is difficult to drive the car normally due to the influence of drinking as above.
The victim suffered from the injury of 'alley pelpel' that requires medical treatment for about 12 weeks.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Notification of the results of drinking driving control, and report on traffic accidents;
1. A medical certificate;
1. Application of Acts and subordinate statutes governing vehicles and field photographs;
1. Article 148-2 (2) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the injury resulting from dangerous driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes.