특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Defendant shall be punished by a fine of KRW 10,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The defendant is a person who drives a leisure car.
On December 15, 2012, the Defendant driven the said car under the influence of alcohol of 0.215% in blood alcohol concentration around 01:10, and driven the three-lane road in front of Kim Hancheon-dong, Busan, Seocheon-dong, the speed of which is about 30km in the direction of the new intersection in the direction of the new intersection.
At this point, there is an intersection, so there was a duty of care to prevent accidents by reducing speed and by accurately examining the right and the right and the right of the driver of a motor vehicle.
Nevertheless, as above, the Defendant shall not be able to breath while under the influence of alcohol such as a string distance, and the Defendant was negligent in driving under the influence of alcohol, and was found to have stopped in order for the Defendant to signal the victim D(64 years old)’s Estyna car at the front side of the vehicle driving due to his occupational negligence, and was immediately driven, but the Defendant was faced with the string part of the above string part of the Defendant’s vehicle.
As above, the Defendant driving a motor vehicle in a state where normal driving of the motor vehicle is difficult due to influence of drinking, and caused the injury to the victim F(44 years of age) who is the passenger of the foregoing D vehicle to undergo a medical treatment for about two weeks, and caused the injury to the victim F(44 years of age) in need of a medical treatment for about three weeks.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime concerned; and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of penalty;