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
The defendant is a person who is engaged in driving a car by borrowing B.
On December 9, 2013, the Defendant, at around 00:0, 00, driven a car parked in the Dong-dong parking lot located in Seogmun-gu, Seosan, Seogdong in a state of difficulty in normal driving, such as 0.115% of blood alcohol concentration. The Defendant driven the car and proceeded with the amount of 5 meters.
At the time, the driver was trying to turn to the left while departing from the parked vehicle, so in such a case, there was a duty of care to look at the front side and left side status as well as to drive safely by accurately operating the steering and steering devices of the vehicle.
Nevertheless, the defendant neglected this and failed to give a proper view to the left-hand turn due to the negligence of driving the victim C (the age of 52) who was walking ahead of the left-hand side of the defendant's vehicle and went ahead of the driver's seat to the front side of the driver's seat, and continued to turn out the part of the victim's bridge with the front wheels of the driver's seat.
In the end, the Defendant caused the death of the victim C due to the injury to the external wound, etc. from the above occupational negligence in a situation where normal driving is difficult due to the influence of drinking.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of D or E;
1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. A corpse of corpse;
1. Application of Acts and subordinate statutes governing the scene photographs of an accident, site photographs of an accident, screen pictures of an accident, black stuffs, and CCTV images;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (1) of the Road Traffic Act, the choice of imprisonment for a crime shall be made.