beta
(영문) 춘천지방법원 2021.02.04 2020고단1331

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BM3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On October 23, 2020, the Defendant, while under the influence of alcohol level 0.125% of the blood, she sprinked red at the face of 23:30 on October 23, 2020, she driven the front road of D in Chuncheon City C with a splate distance of drawing in E, by driving the said vehicle under the influence of alcohol level 0.125% of the blood.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by properly operating the steering room and the steering gear well and accurately.

Nevertheless, the Defendant was negligent in driving while under the influence of alcohol due to the negligence of driving in a state where normal driving is difficult, and led to the Genz Genz Gae350d car of the victim F(57 Do) who stops in the signal waiting at the front of the Defendant, and the part of the driver was shocked by the front of the Defendant’s driving vehicle.

In the end, the Defendant, as seen above, suffered injury to the victim, such as salt dump, tension, etc. in need of approximately two weeks of medical treatment, by negligence, in a state where normal driving is difficult due to influence of drinking.

2. On the day specified in paragraph 1, the Defendant driven BM3 automobiles at a section of about 2 km from the frame of a drinking-do master’s body to D in Chuncheon City, from the frame of a drinking-do master’s body to D in Chuncheon City, while under the influence of alcohol content of 0.125% among the blood transfusions at the time of the day specified in paragraph 1.

Summary of Evidence

1. The legal statement of a defendant, reporting on the occurrence of a traffic accident, notification on the results of crackdown on drinking driving, a statement on the circumstances of a driver placed at drinking, a report on whether to drive any danger, a survey on actual condition, and field photographs

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 144 of the Road Traffic Act.