특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not more than ten months.
Punishment of the crime
On May 22, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon District Court on July 2, 2014. On July 2, 2014, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (drinking driving), and on April 23, 2015, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (drinking driving) from the Suwon District Court’s Pyeongtaek District Court on April 23, 2015 and was sentenced to a suspended sentence of two years on May 1, 2015.
[2015 Highest 1789]
1. Although the Defendant was twice in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger), violation of the Road Traffic Act (driving without a license), and violation of the Road Traffic Act (driving without a license), the Defendant, without a driver’s license, driven a motor vehicle, once again, driven a motor vehicle with D Alb while under the influence of alcohol 0.241% of alcohol during blood transfusion on August 28, 2015, while driving a motor vehicle with a alcohol level of 0.241% around 14:50, he/she driven the motor vehicle in front of the “F” restaurant in E in the direction of the National University from the National Agricultural Cooperatives.
At the same time, there is a vehicle that stops around the road, so the person engaged in driving service has a duty of care to reduce the speed and to safely check the left and right well.
Nevertheless, the defendant's negligence in the course of driving the vehicle as it is while neglecting this, was shocked by the victim G(62) who is standing on the road at the same time.
In the end, the Defendant, who has driven a motor vehicle not less than twice without a driver’s license, driven a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to its influence under the influence of alcohol, and suffered an injury to the victim, such as a light dump for about two weeks in need of medical treatment.
2. The Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) shall not obtain a driver’s license and drive a motor vehicle twice.