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
1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol of 0.148% of blood alcohol concentration around March 16, 2014, while driving Crocketing car and driving it in front of the Eju station located in D at the same time in the East Sea as a chill from the evis-dong room in the East Sea.
At the time, since it is night and a bend road, a person engaged in driving service has a duty of care to reduce the speed or to see and drive the bank.
Nevertheless, while being under the influence of alcohol, the Defendant neglected it and immediately left as it was, shocked to the right-hand side of the road, and turned the vehicle into the central separation zone.
As such, the Defendant sustained injury to the victim F (the age of 53) who was driving a motor vehicle under the influence of alcohol and was living on the steering ground, due to continuous rehabilitation treatment and transitional observation.
2. On March 16, 2014, the Defendant was under the influence of alcohol of 0.148% of blood alcohol concentration at around 21:00 on March 16, 2014, and without a vehicle driver’s license, the Defendant driven Crocketing car at approximately approximately 200km from the street before the house of F in the wife population G to the road before the oil station in the East Sea located in the East Sea, without a vehicle driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
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 related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Article 40 of the Road Traffic Act) and the violation of the Road Traffic Act (Article 40 of the same Act between the two crimes and the sentence between the two crimes).