beta
(영문) 서울중앙지방법원 2013.05.31 2013고정1564

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a B multilateral car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On December 8, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 0.102% of blood alcohol concentration on 03:01, and driven the above vehicle at a speed of 0.10%, and driven the road of 1688-5, Seocho-gu, Seoul, Seocho-gu, Seoul, with one lane from the alternate basin to the river basin, at a speed below the speed of Si-speed, and led to an internship in the opposite direction.

In this case, a person engaged in driving of a motor vehicle has a duty of care to make a safe internship by checking well the right and the right and the right of the motor vehicle, and to prevent an accident in advance due to a failure to drive a motor vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and took part on the left side of the victim C(Y, 54 years old) driving, which was normally going along the two-lanes of the two-lanes of the 3-lane, in which the Defendant was negligent, and was in front of the right-hand part of the Defendant’s vehicle.

Ultimately, the Defendant, as seen above, suffered from the victim E (the victim E (the aged 30) by negligence in the course of driving a motor vehicle while driving the motor vehicle in a situation where normal driving of the motor vehicle is difficult due to drinking, such as the left gate, tension, etc. requiring a treatment for about two weeks, and the victim E (the aged 30) was in need of a medical treatment for about two weeks, and the victim F (the aged 35) was in need of a medical treatment for about two weeks.

2. The Defendant, while under the influence of alcohol concentration of 0.102% at the above temporary border, driven a 200-meter Category B multilateral car near the alternate calendar distance in Seocho-gu Seoul Seocho-gu to the above accident site.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual survey report on traffic accidents;