특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Criminal facts
The defendant is a person who is engaged in driving B Intiti Q70 cars.
On April 3, 2019, the Defendant driven the said car under the influence of alcohol of 0.080% with blood alcohol concentration around 03:30%, and led to the driving of the said car in front of the Yeonsu-gu Incheon Metropolitan City C apartment zone along the three-lanes from the 3rd intersections to the Dsides.
At the time, there are night and driving vehicles on the front side, and in such cases, the driver of the motor vehicle has a duty of care to prevent accidents by keeping the traffic situation well and safely driving the motor vehicle on the front side.
Nevertheless, due to the negligence of being negligent in driving while driving in the same direction three-lanes, the Defendant was faced with the FKaren drive of the victim E (the age of 68) who was under a stop in accordance with the new subparagraph, and the part of the Defendant’s vehicle behind the FKaren Q70 car was the front part of the said Indian Q70 car.
Ultimately, the Defendant, while driving a car in a situation where normal driving is difficult due to influence of alcohol, was driving the car above in Q70, and suffered injury, such as salt, tension, etc., for about two weeks in need of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Police statements prepared in E;
1. The actual condition survey report;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
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, Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019) (no particular criminal record exists after 2005; the defendant agreed with the victim after the crime of this case; the agreement was made with the victim; the occurrence of the damage caused by the accident of this case is against his/her mistake; and the result of the damage caused by the accident of this case is relatively heavy)
1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.