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 becomes final and conclusive.
Punishment of the crime
1. Around 02:37 September 2, 2012, the Defendant was driving a vehicle of approximately 400 meters in a section of approximately 400 meters from the front of the clothes in the trade name and aesthetic arms in the Seo-gu, Seo-gu, Daejeon to the front of the Seogu, Seogu, Seo-gu, Daejeon to the road in the same Dong, with a blood alcohol concentration of at least 0.203%.
2. 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 cars;
On September 22, 2012, the Defendant driving the said vehicle under the influence of alcohol of 0.203% with a blood alcohol concentration of 0.203%, as described in paragraph (1) around 02:40 on September 22, 2012, and driving the said vehicle along the three-lanes of the road in the Seo-gu, Seogu, Seogu, Seogu, Daejeon with the maximum four pages from the dump to the dump.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to take care of the front, rear and left well, and to prevent accidents by accurately manipulating the steering direction and brake system.
Nevertheless, while the defendant is driving the above vehicle under the influence of alcohol which is difficult to drive normally due to the influence of alcohol, the victim D (the age of 42) who has dried the road on the right side from the left side of the running direction was shocked into the front right side of the driver's vehicle.
After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as sexual intercourse, which requires approximately eight weeks of medical treatment.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Statement made by the police in relation to E and D;
1. Each description in the actual condition survey report (1) (2) and a copy of the report on the actual condition of driving under the influence of alcohol, the blood alcohol appraisal report, and the report on detection of a primary driver (53 pages of evidence);
1. Each description of each written diagnosis;
1. Application of each video statute to a scene photograph;
1. Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and the injury caused by dangerous driving under the former part of Article 5-11.