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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving a PP car.
On April 8, 2016, the Defendant driven the said car at around 19:00, and made the two-lane road in front of the D cafeteria located in Asan City C to turn to the right from the right edge of that vehicle, depending on one lane, while under the influence of alcohol by 0.198% during blood.
At the same time, there was an intersection where the left-hand turn is possible at the time, and on the opposite direction of the defendant, the fworket of the victim E (e.g., 53 years old) was directed toward the right-hand distance from the string distance to the string distance in accordance with the string line of the vehicle, so in such a case, there was a duty of care to prevent the accident from occurring in advance by giving the concession to the string vehicle, if there is a string vehicle.
Nevertheless, the Defendant neglected to make a left-hand turn due to negligence while under the influence of alcohol and received the above part of the driver’s car in front of the right-hand edge of the Defendant’s 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, such as light salt, which requires treatment for about two weeks, to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A survey report on actual condition, inquiry into the results of crackdown on drinking driving, and a statement on the circumstances of the driver of a driving house;
1. Photographs;
1. Application of Acts and subordinate statutes to medical certificates, dead bodies, and death certificates;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 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 each 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. The reason for sentencing under Article 62-2 of the Criminal Act is the order to attend lectures and the order to provide community service.