특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not more than ten 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 engaged in driving a B-to-pur vehicle.
On March 2, 2013, the Defendant driven the said car under the influence of alcohol level of 0.211% on blood alcohol level on March 2, 2013, and turned the three-lanes into the intersection of three-lanes of three-lanes from the area of the mouth of the mouth of Busan to the area of the main intersection of five-lanes.
At the time of night, there was a crosswalk in which signal lights are installed, and thus, a person engaged in driving a motor vehicle has a duty of care to check whether there is a person who gets involved in driving a motor vehicle by reducing speed and checking the front left well, and to prevent an accident by driving the motor vehicle safely in accordance with the new code.
Nevertheless, the Defendant neglected this and found the victim C (at the age of 54) crossing the crosswalk from the left side to the right side in accordance with the pedestrian signal due to the negligence of disregarding that the vehicle driving signal is a stop signal while it is difficult to drive normally due to the influence of drinking, as above, and caused the victim to go beyond the ground by taking the right side of the above victim's driving bridge prior to the left side of the said car without stopping.
As a result, the Defendant suffered injury to the victim, such as a flaging the upper right to the right, for about 10 weeks of medical treatment, due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. A report on the actual state of the driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Articles 5-11 and 148-2 (2) 1 and 44 (1) of the Punishment Rate on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act,
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;