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 person who is engaged in driving a BM5 car.
On May 21, 2013, the Defendant driven the said car with the blood alcohol concentration of 0.203% 0.203% around 10:50 on May 21, 2013, while driving the said car, and driving the road in front of the Bridge Hospital in Seoan-gu, Seoan-gu, Seoan-gu, Chungcheongnam-do along a four-lane distance away from the songsan Pung-gu, Chungcheongnam-do.
In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by checking well the right and the right of the motor vehicle.
Nevertheless, due to the negligence of operation by the Defendant under the influence of alcohol as above, the Defendant conflicts with the front part of the victim C(the 38-year-old driver), which was stopped for traffic signal at the front side of the Defendant, with the front part of the said SM5-car, and conflict with the part of the victim E(the 36-year-old driver) driving car in front of the said SM5-year-old driver.
Ultimately, the Defendant was negligent in neglecting his duty of care as a driver of a motor vehicle while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and the Defendant suffered from the victim C and the victim E with respect to the light of the trend requiring treatment for about two weeks, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement in C and E;
1. A traffic accident report;
1. A written report from an employee of an employer;
1. A report on the actual state of the driver;
1. Field investigation table of the case of death or injury caused by dangerous driving;
1. Application of Acts and subordinate statutes to the general medical certificate and medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;
1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.