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 a period of 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 XG car by borrowing D.
On September 28, 2017, the Defendant driven the said car under the influence of alcohol content of 0.127% from blood transfusion around 20:00, while driving the said car, and proceeding the said car into the 21st square village of the sunlight in the face of the civilian defense education office at the 1990 Yyang-gu, Seoyang-gu and the front road.
In this case, a driver of a motor vehicle has a duty of care to prevent the occurrence of an accident by accurately manipulating the traffic situation of the front side and accurately manipulating the steering direction, brakes, etc. of the motor vehicle.
Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to influence of drinking, and neglected to do so, and caused the Defendant to shock the back part of the driver’s vehicle of the FJ-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of the occurrence of E traffic accidents;
1. A traffic accident report, report on the occurrence of a traffic accident, report on the circumstances of the driver who takes driving, notification of the results of crackdown on drinking driving, and medical certificate;
1. Application of Acts and subordinate statutes governing accident scene photographs;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant's past records of punishment for drinking alcohol punishment for sentencing under Article 62-2 of the Criminal Act, the amount of alcohol concentration in the blood of this case, the circumstances of drinking driving, the degree of injury of the victim, and the degree of recovery of damage (agreement).