특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
1. Around 00:00 on July 31, 2015, the Defendant driven the said rocketing car under the influence of alcohol content of about 0.182% at a section of about 2km from the Do in front of the Baviac square parking lot located in Bupyeong-gu Incheon Bupyeong-gu, Incheon to the roads in front of the Mali-gu, Incheon.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the Defendant at around 00:25 on the same day, while under the influence of alcohol 0.182% of blood alcohol level, the Defendant driven the said rocketing car, thereby driving the front of the said E kindergarten at about 30 km from the opening to the side of the side of the lower bank.
Since there is an intersection, the driver has a duty of care to properly operate the brake system when the preceding vehicle stops in accordance with the signal atmosphere while living well for the person engaged in driving.
Nevertheless, the Defendant neglected this and was driven by the victim F (28 years of age) who stops in the atmosphere of the steering signal while under the influence of alcohol due to negligence in which he was unable to properly operate the steering system under the influence of normal operation, and was driven by the victim F (28 years of age) with the front part of the above rocketing car.
As a result, the Defendant suffered approximately two weeks of medical treatment from the victim F due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes to the traffic accident report, the report on detection of a de facto driver, the report on the circumstantial statement of a de facto driver, and the medical certificate;
1. 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 the choice of fines for the crime;
1. The Criminal Act among concurrent crimes.