특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight 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 driver of a food car B.
On March 24, 2015, at around 01:30, the Defendant, while under the influence of alcohol of 0.168%, was driving the three-lane road in the middle of the ambandari-dong in Yasan-si, Gasan-si, Gasan-si, along the two-lane of the above road as the central sports park room in the vicinity of the Gasan-si.
In this case, the driver of the vehicle has a duty of care to safely operate the operation of the vehicle by accurately operating the operation of the system and the steering gear.
Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (year 31) who was in the atmosphere of the signal at the front section due to negligence that failed to properly operate the operation system, and was driven by the victim C (year 31).
Ultimately, the Defendant driven the said car in a situation where it is difficult to drive the car normally due to the influence of drinking, and suffered from the said victim and the victim E (the age of 32) who boarded the said car to receive approximately two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The actual condition survey report;
1. A report on detection of a host driver;
1. A report on whether to drive any dangerous motor vehicle;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where the degree of injury is insignificant, the extent of injury is agreed upon with the victims, the case where all the victims have divided their errors, and the case where the driver does not drive under the influence of alcohol again);
1. Suspension of execution under Article 62(1) of the Criminal Act (Discretionary mitigation)