특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
The defendant is a person who drives Category C vehicle.
On September 20, 2014, the Defendant driven the said vehicle under the influence of alcohol of 0.286% of blood alcohol concentration on September 20, 2014, and proceeded with the roads in front of the Ejunjin-gu, Seojin-gu, Jeonjin-gu, Jeonjin-gu.
At the time, the vehicle was parked in accordance with the direction stop signal, so in such a case, the driver engaged in driving the vehicle had a duty of care to prevent the accident by accurately manipulating the front section and the left and right, and accurately manipulating the steering direction and the brake system.
Nevertheless, the Defendant neglected to perform his duty at all times in a state where normal driving is impossible due to influence of drinking, and continued to see the back part of the G rocketing car of the victim F (ma, 61 years old), which was stopped for traffic signal in two-lanes in the same direction, as the front part of the Defendant’s Switzerland car, and continued to have the Defendant drive the Hasta car which was in the atmosphere of the signal.
The Defendant suffered, by negligence in the course of performing the above duties, the injury to the victim F, such as a salt at the right-hand base, etc., which requires treatment for about two weeks, and the victim J (Y, 58 years old), who is the seat of the rocketing vehicle driving by the victim, for about two weeks, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Each statement of H and J;
1. A traffic accident report, accident site, and vehicle photograph;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. A report on whether to drive any dangerous motor vehicle;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning the crime.