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
On May 6, 2018, the Defendant driven a Cra-car in a state where it is difficult to drive normally due to the influence of alcohol leveling 0.140% of alcohol during blood transfusions, and proceed to a backside of acceptance mountain in the vicinity of the 1632 upper-level post office at the same Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, the Defendant neglected the duty of front-time navigation due to such driving, and thereby, caused the victim E-Wer of the Cra-F vehicle in the United Kingdom on the same lane due to occupational negligence, which caused the victim to suffer from the next panion of the said Cra-car in need of approximately two weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement on the occurrence of traffic accidents;
1. A report on the detection of a primary driver;
1. A report on traffic accidents and a survey report on actual condition;
1. A medical certificate;
1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
(a) The offense of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the scope of punishment recommended] [the scope of punishment] is an aggravated area (8 months to 2 years), where a person drives drinking, etc. (special aggravated persons).
(b) Crimes of violating traffic laws on roads are not subject to the sentencing criteria.
C. With respect to concurrent crimes under the former part of Article 37 of the Criminal Act between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the sentencing guidelines are set, and the crimes of violation of the Road Traffic Act for which no sentencing guidelines are set, the lower limit shall be based on the punishment set by the Road Traffic Act, the statutory penalty of which is higher.