특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Defendant shall be punished by a fine of 6,500,000 won.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
1. Around March 17:15, 2013, the Defendant violated the Road Traffic Act (driving a sound driving) driven a vehicle B in the state of under the influence of alcohol 0.162% with a blood alcohol concentration of 0.162% on March 3, 2013, by approximately 10 meters before the 831-3th day of the same Dong-dong 847.
2. On March 3, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol level of 0.162% on blood alcohol level, and the Defendant was driving a vehicle B in the course of business and made a left turn at the speed of about 10 km in the speed of speed in the direction of the dwelling in the direction of the Sinsan City.
Since there is an intersection where traffic control is not performed, there was a duty of care to confirm whether a person engaged in driving service has a cross-vehicles by reducing or stopping the speed and driving the vehicle.
Nevertheless, the defendant, under the influence of alcohol and neglected to turn to the left, conflict with the upper right side of the DNA car driving by the victim C(the age of 43) who was on the right side of the defendant's vehicle, which the victim C(the age of 43) was driving.
Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as “infection, tension, etc.,” which requires approximately three weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. C’s statement;
1. A medical certificate;
1. A traffic accident actual condition survey report and a traffic accident occurrence report;
1. Application of Acts and subordinate statutes to written reports on drinking drivers, records on drinking tests, and statements on the state of drinking drivers;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;
1. Article 37 of the Criminal Code among concurrent crimes.