특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six 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 small-scale car B.
On November 12, 2015, the Defendant driven the said car under the influence of alcohol concentration of 00:35% in blood, and led to the front path of the house located in Ysan-si C in Ysan-si, Ignsan-si, the front path from the new bank room to the boundary of the North bank market.
In this case, the driver of the vehicle has a duty of care to safely operate the operation by accurately operating the operation and steering gear of the driver of the vehicle.
Nevertheless, the Defendant was under the influence of alcohol, and the victim D (the age of 52) was able to drive the said vehicle while driving it in an inaccurate and unaccum manner.
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 approximately three weeks of medical treatment from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A survey report on actual conditions;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;
1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;
양형의 이유 [ 권고 형의 범위] 일반 교통사고 > 제 1 유형( 교통사고 치상) > 기본영역 (4 월 ~10 월) [ 특별 양형 인자] 없음 양형기준이 설정된 범죄와 양형기준이 설정되지 아니한 범죄 사이의 형법 제 37 조 전단 경합범에 관하여는 그 하한은 양형기준이 설 죙된 범죄의 양형기준상 형량범위의 하한에 따른다.
[Determination of sentence] A suspended sentence for six months in consideration of the absence of other criminal records.