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. The defendant is a person who is engaged in driving BCA 110V Oba, in violation of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving)
around 22:00 on August 26, 2014, the Defendant driven the above Oba, and proceeded with the passage of one-way way in front of the offset apartment 101, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, toward the offset area in the front of the 101-dong.
At that time, since it is night and one-way road, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by looking well at the front line according to the direction of one-way traffic while under the influence of alcohol.
Nevertheless, the Defendant neglected to drive the blood alcohol concentration of 0.111% while driving on a normal road due to the negligence of driving the said one-way road while he was unable to drive normally, and the face part of the victim C (Nam, 9 years old) on the said road was shocked by the front part of the above Obama.
As a result, the Defendant suffered injury, such as the appearance and alley of the upper part of the upper part of the upper part of the right which requires treatment for about six weeks.
2. The Defendant, while under the influence of alcohol level of 0.11% at a temporary border, such as the above “1”, driven BCA105 Bab in a section of about 300 meters from the 300-meter radius to the place indicated in the above “1” on the roads adjacent to the Sigdong Station located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident occurrence report;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Articles 5-11 and 148-2 (2) 2 and 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 of the Criminal Act: