특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a passenger car in B SP.
On December 7, 2013, the Defendant driven the said car while under the influence of alcohol 0.279% on blood alcohol level around 18:25 on December 7, 2013, and led the Defendant to drive the said car along the five-lanes of five-lanes in the direction of distribution comparison between the five-lanes in the direction of distribution comparison.
In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the entire course of course, and to properly operate the operation and steering gear so as to prevent accidents.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to operate the brake system on the front side of the Defendant’s vehicle, and caused the Defendant’s negligence that failed to properly operate the brake system on the front side of the Defendant’s vehicle, thereby leaving the back of the Victim C(A, 39 years old)’s car driving in the front part of the Defendant’s vehicle.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as catum salt, etc. to the victim E (V, 63 years old) who is the passenger of the said NAS car, for about three weeks of medical treatment, and suffered injury such as catum dump, etc. to the victim F (V, 59 years old) who is the same passenger of the same vehicle, for about two weeks of medical treatment.
2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, while under the influence of alcohol leveling 0.279% from the section of about 4 km to the road near the Dongjak-gu Seoul Metropolitan Government Saridong to the above accident site, the Defendant driven B Sari-gu car in the state of alcohol leveling 0.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Each applicable provision of Acts to criminal facts;