특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight 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 Crane car.
On December 22, 2016, the Defendant driven the said car under the influence of alcohol content of 0.227% during blood transfusions on December 22, 2016, and led to turn to the left from the intersection of the natural history museum at the time of Jeju to the left at the natural history museum.
Since there is an intersection, the driver of the vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to operate the vehicle safely.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving on the road as it is, due to the negligence of neglecting it while driving it normally, received the front part of the Defendant’s vehicle in front of the victim D(31) driving, who was proceeding directly from the knife hotel to the intersection of the stone for Honam.
After all, the defendant suffered from the injury of the victim F, who is the victim D and the victim F (30 years old), who is the passenger of the victim's vehicle due to the above occupational negligence, for approximately two weeks of treatment, such as salt, tension, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;
1. A traffic accident report;
1. A general medical certificate and a medical certificate;
1. Investigation report (report on the recording of telephone conversations made by a victim) Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which applies to Acts and subordinate statutes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the act of driving alcohol);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));
1. Selection of each sentence of imprisonment;
1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be imposed on a person causing injury resulting from dangerous driving).