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 BP car.
1. On November 10, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car under the influence of alcohol concentration of 0.111% on a blood alcohol level on November 10, 2014, while driving the said car and driving it bypassing the first line of the road from the direction of the opening to the direction of the speed from the direction of the opening.
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 has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.
Nevertheless, the Defendant did not avoid the DNA Q125 Orala driven by the victim C (year 45) who was normally driven by the victim C (year 45) while driving a motor vehicle due to the negligence of driving a motor vehicle while normal driving is difficult due to drinking, and was in the front part of the motor vehicle of the Defendant.
Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, such as Dam tymal typology, which requires treatment for about three weeks.
2. Violation of the Road Traffic Act (LA) the Defendant driven the said car under the influence of alcohol by 0.111% at the distance of about 2 km from the front side of the two apartment in Busan-dong, Busan-dong, to the entrance of the opening limit located within the same Gu-dong.
Summary of Evidence
1. Defendant's legal statement;
1. C's statement on the occurrence of traffic accidents;
1. A medical certificate;
1. Reports on traffic accidents and photographs related to traffic accidents;
1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;
1. Criminal facts;