특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six 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
The Defendant is a person engaging in driving a rocketing car.
1. On November 7, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) caused the injury of the victim D(52 years old), who is traveling in the front of the Defendant’s vehicle, while driving the Defendant’s vehicle in the direction of the “Gang-si Office” in the front of the “Gang-si Office” in the front of the “Gang-dong Office” in the direction of the “Gung-si Office,” where it is difficult to drive the vehicle normally due to the influence of alcohol by drinking alcohol at 0.141%, while under the influence of alcohol, on November 7, 2013.
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.
2. The Defendant driven the Defendant’s vehicle at the section of approximately five kilometers in front of the “Gangdong Myeon Office” in the front side of the “Gangdong Myeon Office” located in the Gangseo-si Myeon and Dong-si Myeon Office at the same time and at the above place without obtaining a driver’s license for a motor vehicle and at the above place.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement on the occurrence of a D traffic accident;
1. A traffic accident report;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Written estimate;
1. Application of Acts and subordinate statutes of a medical certificate;
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, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of running under the Road Traffic Act).