특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not more than ten months.
except that 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. Around 1:30 on August 5, 2014, the Defendant was driving a B-hand motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.150% from the front side of the upstream area located in the 875-dong, Ansan-si, Ansan-si to August 5, 2014, around 2.4km-gu, Ansan-si, Ansan-si to August 1:35, 2014.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to drive a car as set out in the above paragraph 1 and drive the car in the direction of the F cafeteria located in the Gu E in Ansan-si, Ansan-si.
At all times, vehicles are parked on both sides of the road, which can take the driver's view in the left and right-hand display, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to operate the brakes properly by temporarily stopping the vehicle and properly operating the brakes.
Nevertheless, the Defendant neglected to operate the brake system in a state of difficult driving due to drinking, and failed to operate the brake system properly, caused the victim G(52 years old) to go on the left-hand side, which was placed on the left-hand side of the said vehicle, to go beyond the upper-hand side of the said vehicle.
Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of alcohol, and suffered injury, such as the right alley, in need of medical treatment for about 10 weeks, to the victim G.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. G statements;
1. Case-related photographs, and written reports on the identity of the driver;
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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act as to the crime, respectively;