특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of B Poter cargo vehicles.
1. On May 1, 2018, the Defendant: (a) driven B Poter cargo under the influence of alcohol content of at least 0.141% from the 1km section from May 1, 2018, in the direction of 3:10 in the southyang-si, the Namyang-si, the Namyang-si, to the front road of the same city.
2. The Defendant was driving the said vehicle while under the influence of alcohol at the time of the above day while driving the said vehicle, and the two-lanes of the three-lane road in front of the Gyeonggi-do in the South-do, the two-lanes of the D in front of the Gyeonggi-do.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed, accurately operate steering devices and brakes, and safely drive them to prevent accidents in advance.
Nevertheless, the Defendant, while driving a stroke while neglecting this, was a victim E (57) who stops on the right side of the said cargo vehicle due to the front part of the said cargo vehicle, and was behind the string part of the victim E (57 ) who was parked on the right side.
Ultimately, the Defendant driving the said cargo in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim E, such as the first pressure frame, which requires approximately four weeks of medical treatment, and the injury to the victim G (V, 35 years of age), who is the passenger of the said taxi, for about three weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual survey report and on-site photographs;
1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;
1. Each written diagnosis;
1. Application of the Act and subordinate statutes to the investigation report (Evidence List 20);
1. Article 14-2 (2) 2 and Article 44 (1) of the Traffic Act and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the facts constituting an offense;
1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).