특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for six 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 motor vehicle B, rabal, or cargo vehicle.
On October 20, 2014, from around 20:00 to 23:00 on the same day, the Defendant drank 2 disease, beer, and cam 1 disease, etc. together with the workplace rent, and was under the influence of drinking due to the lack of sufficient rest. However, around 00:05 on the 21st of the same month, the Defendant driven the above vehicle while under the influence of alcohol concentration of 0.210%, while driving the above vehicle at a speed of 570 km-ro 570 km-ro, Seocheon-gu, Seocheon-si, Seocheon-si, Incheon, with the speed of about 40 km in Seoul.
At the time, the Defendant was under the influence of alcohol, and thus, the Defendant engaged in driving of a motor vehicle is prohibited from driving a motor vehicle while normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent the occurrence of accidents in advance by accurately manipulating the steering gear and brakes.
Nevertheless, due to the negligence of driving a vehicle under the influence of alcohol, the Defendant was driven by the victim C (the 40-year old) who was standing in front of the Defendant’s vehicle in front of the vehicle, with the rear part of the Defendant’s vehicle driving.
As a result, the Defendant sustained injury to the victim E (the aged 61) who was on board the victim C and the head of the above taxi while driving a motor vehicle under the influence of alcohol that is difficult to drive normally due to the influence of alcohol for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. A traffic accident report, a traffic accident actual investigation report, and a statement on the occurrence of a traffic accident;
1. On-site and vehicle photographs;
1. A report on the status of running a driving, a report on the status of running a driving, and a report on the status of running a driving;
1. Written estimate;
1. Each written diagnosis;
1. Application of Acts and subordinate statutes to a written request for appraisal;
1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.