특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
1. Around 01:00 on April 1, 2017, the Defendant driven a C-Adi vehicle while under the influence of alcohol by 0.139% from the 1km section from the 550 Gunn Station to the 2nd road of Dongdaemun-gu Seoul, Seoul, the Defendant driven a C-Adi vehicle with alcohol content from the 550 Gunn Station to the 2nd road of Dongdaemun-gu.
2. The Defendant is a person engaging in driving a motor vehicle C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
around 01:00 on April 1, 2017, the Defendant driven the said car while under the influence of alcohol, as described in the foregoing paragraph 1, and was going to proceed to the military direction at the parallel of the military at the right-side of the border of Dongdaemun-gu Seoul, Seoul.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system, etc.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not operating the brake system accurately while neglecting the above duty of care, and was driven by the victim D(47) who was driven by the victim D(S). The part behind the right side of the EK5-si was driven by the Defendant’s driving on the top side.
As a result, the Defendant, while driving a car in a state where normal driving is difficult due to influence of drinking, suffered injury to the victim D, such as light fluoral salt and tension, which requires approximately two weeks of medical treatment, and injury to the victim FF (38 years of age) who was on the cab in the above cab, such as salt, tension, etc., requiring approximately two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to survey the actual situation, report on the circumstances of the driver in charge of the primary driving, each medical certificate, and report on detection of the driver in charge of primary driving;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 and Article 148-2 of the Road Traffic Act.