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. On January 16, 2018, the Defendant: (a) driven a B B XC90 car under the influence of alcohol leveling about 0.14% from the 200 meters section of alcohol level to the front road of the life forest church located in the 11:05 Joh-si, Yang-si, Yang-si, 11: from the front of the residents’ center in the 11:00 am to the front road of the Guang-si, Y. 47 am.
2. On January 16, 2018, the Defendant: (a) driven a B am X90 vehicle while under the influence of alcohol leveling 0.144% of the roads leading to the life forest church located on the 47 am-dong-dong-dong-dong-dong-dong-si around 16:05 on January 16, 2018; (b) led the Defendant to drive a car in front of the living forest church at 0.144% in blood; and (c) turn off from the front door of the morning to the front door of the morning apartment room at the speed of about 10 km.
At this point, since the road is narrow and congested, there was a duty of care for those engaged in driving of motor vehicles to live well, and to properly operate the steering and brakes.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and failed to keep the front door to the port from the right side of the Defendant’s running direction due to the negligence of the Defendant’s driving, which led to the driving of the DK3 car driven by the victim C (W, 49 years old) to the right side of the Defendant’s driving direction, and received the part of the Defendant’s front-hand part of the said car.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt dump in need of treatment for about two weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Reports (1), (2) on traffic accidents;
1. The photograph of case;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. A report on the measurement of drinking alcohol and a report on the detection of a driver involved;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.