특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for one year.
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a rocketing car.
On April 3, 2016, the Defendant driven the said car under the influence of alcohol content of 0.163% in blood at around 00:20 on April 3, 2016, and driven the front of the airfield shooting distance in the Sejong-gu, Suwon-gu, Suwon-si, along the parallel point from the edge of the terminal.
As above, the Defendant did not drive normally under the influence of alcohol, and thereby, received the road boundary stone installed on the right side of the front side as the front part of the Defendant’s car.
Ultimately, the Defendant, while driving the said car under the influence of alcohol which is difficult to drive normally, suffered injury to the victim C (Woo, 43 years of age) who was on the top of the operation of the said car and was living in the said car, for about 8 weeks of medical treatment.
2. Around 00:20 on April 3, 2016, the Defendant driven a B rocketing car with alcohol content of 0.163% under the influence of alcohol, from the section from the marcing on the marc road near the marc road to the airfield distance in the Sejong-gu, Suwon-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report and a report on the occurrence of a traffic accident;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 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, and each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act (The following favorable circumstances):
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant, who caused a traffic accident while under the influence of alcohol, thereby causing serious injury to his/her passengers.
On the other hand, however, it is.