특정범죄가중처벌등에관한법률위반(위험운전치사상)등
1. The defendant shall be punished by imprisonment for four months;
2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;
3...
Punishment of the crime
The defendant is a person who is engaged in driving a car Ci30.
On October 7, 2013, at around 03:00, the Defendant operated the said car with a blood alcohol concentration of 0.183% under the influence of normal driving due to the influence of alcohol without obtaining a driver’s license, and led the Defendant to drive the said car in order to drive the three-lanes of the five-lanes in front of the office of Western Dong-dong in Mapo-gu Seoul Metropolitan Government, which is located in the Western-dong Seoul Metropolitan Government.
In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to influence of alcohol, but shall not make a U-turn in an area where a U-turn is prohibited, and even in the case of a U-turn, he/she has a duty of care to prevent a traffic accident in advance by safely checking whether a motor vehicle is traveling in the opposite direction.
Nevertheless, the Defendant neglected to make an illegal internship at the place where the center line of yellow-ray was installed, and the part on the right side of the victim D(53 years old) driving by the three-lanes, which was going along the three-lanes, conflict with the front part of the passenger vehicle of the Defendant.
The Defendant suffered injury to the victim by occupational negligence, such as salt, tension, distribution, and sacrife of a mountain where the victim needs to be treated for two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A written report from an employee of an employer;
1. Registers of driver's licenses;
1. Written statements;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Articles 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor concerning the crime
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.