특정범죄가중처벌등에관한법률위반(위험운전치상)등
Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a person who is engaged in driving B mother-in vehicles.
On May 25, 2019, at around 19:10, the Defendant driven the said vehicle under the influence of alcohol level of 0.186%, and turned down approximately 5 meters at the speed of about 10km at the D cafeteria parking lot located in Yangyang-si C in Nam-si, Namyang-si.
In such cases, a person engaged in driving of a motor vehicle shall not drive the motor vehicle at a speed or in a manner that may cause any danger and injury to others by accurately operating the steering direction, brakes, and other devices of the motor vehicle, and has a duty of care to prevent accidents in advance by safely reporting the traffic situation.
Nevertheless, the Defendant, as a result of the influence of drinking, did not properly look at the rear while driving the said vehicle in a state where normal driving is difficult due to the influence of drinking, was parked in the rear side of the Defendant’s vehicle due to the negligence of driving the said vehicle, and was parked in the front side of the Defendant’s vehicle (the age of 48) driving, and suffered injury, such as light finites, in need of approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of G, H and I;
1. Report on the state of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, an appraisal report on blood alcohol, and each medical certificate;
1. Application of Acts and subordinate statutes governing accident site photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); and selection of fines for each crime;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the amounts);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The defendant's blood alcohol concentration is considerably high.