beta
(영문) 청주지방법원 2019.04.30 2018고단2904

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 21, 2018, around 21:00, the Defendant driven a B rocketing car and proceeded to the west from the C side while it is difficult to drive normally due to the influence of alcohol concentration of 0.135% on the three-lane road in the vicinity of the Cheongju Island, which is located in the Cheongju-gu, U.S., a considerable amount of 0.135%.

At night, the above road was at night and was divided into two lanes with the center line of yellow solid lines, so the defendant who driven a motor vehicle had a duty of care to live well with the front line, properly operate the steering direction and brake system, and proceed with it in a safe way according to the direction of the lane.

Nevertheless, the Defendant neglected to do so and did not properly operate the steering direction and operation system as above, and proceeded with the center line, and received the front part of the victim D(43 years old) driving car in the direction of the Defendant’s course from the direction of the Defendant, which was parked in the signal route, as the front part of the said rocketing car, and caused the victim’s G Berne car in the said rocketing car to be pushed ahead with the front part of the said rocketing car by pushing the said rocketing car to its shock.

The Defendant, by such occupational negligence, sustained injury to the victim D, the victim H (V, 47 years old) and the victim F, each of whom requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and F;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;