특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for two years.
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
1. The Defendant is a person who is engaged in driving a Cmert 7.5 tons truck in Korea.
On April 26, 2018, the Defendant driven the said truck while under the influence of alcohol 0.114% while under the influence of alcohol at around 05:35 on April 26, 2018, and led the Defendant to proceed to the direction from the direction of the parallel of Pyeongtaek-si along three-lanes in front of the 302-10 parallel of Pyeongtaek-si.
Since there are a number of vehicles passing through, they have a duty of care to drive safely by checking the right and the right of the driver.
Nevertheless, the Defendant, while under the influence of alcohol and neglected to stop at the edge of the road, shocked the side part of the victim D(38 S) driving 2 U.S. on the side of the driver’s seat of the Defendant, with the front part of the truck steering of the Defendant, and continued to shock the back part of the victim FF(63 ) driving seat of the victim FF(63) driving on the front side of the truck.
Ultimately, the Defendant suffered injury to the victim D in the course of performing approximately 26 weeks’ medical treatment due to occupational negligence as above, such as flapsy, etc., and flaps and tensions of the bones of trees, which require approximately 3 weeks’ medical treatment, from the victim F.
2. On April 26, 2018, the Defendant: (a) driven a C 7.5 tons truck under the influence of alcohol leveling 0.114% from the 20km section to the site of the accident indicated in the above 1.3rd, in the condition of alcohol leveling 0.14% from the 20km section; (b) on April 26, 2018, the Defendant was driving a C 7.5 tons truck under the influence of alcohol leveling 0.14% from the 20km section.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of F and H;
1. A survey report on actual conditions, a report on the occurrence of a traffic accident, an accident scene, photograph of an accident vehicle, and a medical certificate;
1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;
1. Criminal facts;