beta
(영문) 서울중앙지방법원 2014.12.03 2014고단6989

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 13,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DMFW X5) is a person engaging in driving a car.

On August 8, 2014, at around 00:05, the Defendant driven the said car while under the influence of alcohol of 0.154% with blood alcohol concentration of 0.154%, and got the front side road of Gangnam-gu Seoul from the 57-lane to the pressure-based 60-lane from the 57-lane as bankruptcy.

At the time, it was night and a front door, so in this case, there was a duty of care to safely check whether a person engaged in driving service is a pedestrian crossing the road at the rear and rear side, and as such, there was a duty of care to safely check whether there was no pedestrian crossing the road.

Nevertheless, the Defendant, while neglecting to do so under the influence of alcohol, did not find out the victim F (n, 25 years of age) who was walking on the front line of the said BMW car in the front line of the said BMW car, and had the victim go beyond the floor by receiving the victim from the rear part of the said car.

Ultimately, the Defendant, while driving a BMW car in a state where normal driving is difficult due to the influence of alcohol, was negligent in causing injury to the victim, such as salt, tension, etc., which requires approximately four weeks medical treatment.

2. Around 00:05 on August 8, 2014, the Defendant was under the influence of alcohol with a blood alcohol content of 0.154% by around 00:05, and the Defendant driven a DoMW X5 car at the front of Gangnam-gu Seoul Ethm, Seoul to approximately 10 meters.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A written statement and a written petition of the relevant victim;

1. The actual condition survey report;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. A medical report on the circumstantial statement of a doctor shall state that the defendant's speech and behavior state at the time of detection is divided, that the pedestrian state is "non-freshed," and that the blood color is "red," and the victim's statement shall state "fresh state at the time of detection," and the victim's statement shall read "fresh state," and "stick."