특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On October 4, 201, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Incheon District Court on August 29, 201, respectively. < Amended by Act No. 11954, Aug. 29, 2013>
On May 25, 2018, around 23:10 on May 25, 2018, the Defendant driven a D-Wurged car with approximately 5km section from around the restaurant to the road of “C” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, while under the influence of alcohol content of 0.174% during blood.
As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol more than twice.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a motor vehicle with a hived motor vehicle as set forth in paragraph 1.
The Defendant, while under the influence of alcohol, as described in paragraph (1) of this Article, driven the foregoing motor vehicle under the influence of alcohol and proceeded along two lanes from the “C” front of the “C” located in Nam-gu Incheon Metropolitan City, Nam-gu.
At the same time, the victim E (38 tax) is driving on the front of the same lane as the above at night, and therefore, the defendant had a duty of care to safely drive the safety distance with the vehicle in front, and prevent the accident in advance by operating the steering and brakes accurately.
Nevertheless, the Defendant neglected this and proceeded as it is, and received the rear part of the Victim’s Motor Vehicle as the front part of the Defendant’s Motor Vehicle.
Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and thus requiring a two-day medical treatment to the above victim, such as “scarlet and tension.”