특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a person engaging in driving a car B.
On May 28, 2015, the Defendant driven the said car while under the influence of alcohol 0.166% of alcohol level around 03:58 on May 28, 2015, and led the roads in front of Gwanak-gu Seoul Special Metropolitan City to proceed from the Gwanak-gu office to the Seoul metropolitan zone.
In such cases, the driver of the motor vehicle has a duty of care to check the safety of the course by checking well the right and the right and the right of the driver of the motor vehicle, and to refrain from driving the motor vehicle in a situation where normal driving is difficult due to drinking.
Nevertheless, the defendant, while neglecting the influence of alcohol and entering the opposite lane due to the negligence of driving, conflicted with E-tax of the victim D(63 years old) who was drinking.
As above, the Defendant suffered injury to the victim, such as crypitis which requires approximately two weeks of medical treatment due to negligence in the course of performing duties, while driving a motor vehicle in a state where normal driving is difficult due to drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of D traffic accidents;
1. Investigation report on the actual condition of traffic accidents, records on drinking measurements, reports on detection of drinking drivers, and circumstantial statements of drinking drivers;
1. Certificate of diagnosis and certificate of insurance coverage;
1. Application of Acts and subordinate statutes concerning photographs of sea-going vehicles, photographs of damaged vehicles, and fluorial fluorm images of damaged taxi boxes;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 (Aggravated Punishment, etc. of Specific Crimes Resulting from Death or Injury caused by Dangerous Driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Selection of fines for each crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (within the scope of adding up the maximum amount of two principal crimes stipulated in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than punishment, to the punishment);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Criminal Procedure Act;