특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than one year and six months.
except that 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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a motor vehicle B low-speed
On November 10, 2013, at around 18:15, the Defendant driven the said car in front of the new town located in the new village of the Dong-dong-dong-dong-dong, the state of blood alcohol concentration of 0.244%, and proceeded from the non-Korean history room to the long distance of 0.24%.
A person engaged in driving service has a duty of care to prevent accidents in advance by accurately operating the steering gear and operation of the steering gear.
Nevertheless, as seen above, the Defendant was negligent in driving the steering gear and operation without accurately operating the steering gear and operation system, and caused the death of the Defendant C (the age of 41) who was on board the top of the instant high-speed car without avoiding the freight parked on the two-lane road, and received it as it was, and led to the death of the victim C (the age of 41) at around 19:17 on the same day.
2. The Defendant violated the Road Traffic Act (driving) while under the influence of alcohol 0.244% of the blood alcohol concentration on the date and time set forth in paragraph (1) of this Article, the Defendant driven a passenger car with B low-est B of approximately 500 meters in front of the point of the accident in front of the entrance without any trade name in the new dong-dong-dong, Eup.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual condition survey report;
1. A death certificate;
1. Application of Acts and subordinate statutes to a written appraisal of blood alcohol concentration and a written report on detection of a host driver;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of sound driving and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The vehicles of the defendant are covered by the comprehensive insurance under Article 62(1) of the Criminal Act;