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 engaged in driving automobiles BSM 520.
On March 11, 2013, the Defendant, while under the influence of alcohol with 0.163% of blood alcohol concentration on March 23:35, 2013, driven the said car, and led the Defendant to drive the said car directly from the string of the pine distance from the 5-lane road in Yongsan-gu, Seogu, Daegu-gu.
Since there is a place where a signal is installed, there was a duty of care for the person engaged in driving service to drive safely in accordance with good faith.
Nevertheless, due to the negligence in contravention of the left-hand turn signal, the victim C(37 years of age) who was left-hand from the front side of the driver's vehicle to the left-hand turn from the front side of the driver's vehicle in the opposite direction in accordance with the left-hand turn-hand turn-hand turn-on.
As a result, the Defendant suffered from the climatic dynasium, which requires approximately three weeks of medical treatment by occupational negligence in a state where normal driving is difficult due to the influence of drinking.
2. Around March 23:35, 2013, the Defendant driven a BS 520-car under the influence of alcohol content 0.163% while under the influence of alcohol content 0.163% at the 0.163% of alcohol level from the Yari-dong, Seogu, Daegu-gu parking lot to the Yari-dong, Yongsan-gu, Daegu-gu to the extent that the Defendant was under the influence of alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A traffic accident actual condition survey report (1 and 2 copies), and a written report on driving as a driver;
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 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);
1. Selection of each sentence of imprisonment;
1. Article 37 of the Criminal Code among concurrent crimes.