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. Around April 17, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving a DDap Motor Vehicle under the influence of alcohol concentration of 0.120% on the front road of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, while driving the DDap Motor Vehicle under the influence of alcohol concentration of 0.120%, and driving the DDap Vehicle into one lane in the direction of the independent door distance from a malicious area.
A person driving a motor vehicle as a driver has a duty of care to safely drive the motor vehicle by taking into account the front side and left side condition well, and to prevent an accident by accurately manipulating the steering system and steering gear of the motor vehicle.
Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving while driving the vehicle at the front line of the same lane and was driven by the victim E while standing the vehicle at the front line of the same lane.
Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, such as the rhythm, the walking, the string of snow, and the shocking of snow, etc., and the Defendant suffered approximately two weeks’ salt ties and tensions for the victim.
2. The Defendant violated the Road Traffic Act (driving) at the same time and time as paragraph (1) of this Article, driving DDap Motor Vehicle under the influence of alcohol concentration of about 0.120% from the section of about 2 km to the 70 galinal path in Jongno-gu Seoul, Jongno-gu, Seoul, to the 321 (redly operated redly dong) off the offline of the stock market, to the galinal path in Seoul, Jongno-gu.
Summary of Evidence
1. Part of the defendant's legal statement (the point of driving sound);
1. The prosecutor's interrogation protocol of the accused;
1. Statement to E by the police;
1. A report on detection of a host driver and a circumstantial report on the host driver;
1. Investigation report (related to the application of the Tramark Official Form);
1. A medical certificate;
1. In light of the degree of damage of both vehicles, the shock at the time of the accident is deemed to have been reasonable, and the victim is due to the accident in this case.