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. The Defendant is a person who is engaged in driving a rocketing motor vehicle.
On November 18, 2014, the Defendant, while under the influence of alcohol on 0.210 percent of blood alcohol concentration on 18:08, the Defendant proceeded with a shooting distance of 10 complexes of 430 Jungsan-gu, Mangsan-ro, Goyang-si, Goyang-si, with a shooting range of 9 complexes of 0.210.
Since there is an intersection, there was a duty of care for a person engaged in driving service to drive safely by checking well the right and the right of the front line according to the new line of the vehicle.
Nevertheless, despite the fact that it is difficult to drive a vehicle in a state where normal driving is difficult due to influence of drinking, the Defendant was driven by the victim D (the aged 43) who was driving from the right side of the driving direction to the left side of the vehicle in accordance with green signals from the driving direction to the left side of the vehicle, and suffered the victim's injury, such as light dump dump and tension, which require approximately two weeks of medical treatment for the string.
2. On November 18, 2014, the Defendant driven a vehicle under the influence of alcohol by 0.210 percent in a section of about 1 kilometer to approximately 430 mountain village in the middle of about 10,00,00, in the middle of about 430,00 if he/she finds that the Defendant driven the vehicle under the influence of alcohol by 0.210 percent in the middle of about 430,00,00,000,000.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Written statements of D;
1. Notification of the control of drinking driving;
1. A medical certificate;
1. An intersection operating cycle table;
1. On-site photographs;
1. Application of Acts and subordinate statutes for a report on investigation (verification of image of damaged vehicles)
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;