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 Bchip car.
On March 31, 2015, at the time of Seosan, the Defendant continued to drive a luxle car in accordance with one lane in order to turn to the right from the luxur to the luxur in order to turn to the left at the luxur of the luxur in a state where it is difficult to drive normally, such as 0.277% of the blood alcohol concentration, and the blood color is somewhat red and the luxur is somewhat red.
At the time, there were night and rained vehicles, and in the direction of the defendant's proceeding, there were vehicles parked in accordance with the new subparagraph. In such a case, there was a duty of care to operate the brakes by properly manipulating the brakes while living well in the driver of the vehicle.
Nevertheless, as seen above, the Defendant was under the influence of alcohol and was negligent in not operating the brake system properly, and was under the influence of the victim C (the 44-year-old driving) driving by the Defendant, with the back part of the right-hand panion of the vehicle of the Defendant driving.
As a result, the Defendant was driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and the Defendant suffered approximately two weeks of medical treatment to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The E and C statements;
1. A fact-finding survey report and a report on detection of a host driver;
1. Photographss related to traffic accidents;
1. A written appraisal of blood alcohol;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime;
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) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Social services;