beta
(영문) 제주지방법원 2013.09.06 2013고단907

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 21, 2013, the Defendant, at around 00:40 on April 21, 2013, driven a road in front of the Nohh Elementary School in the Nowon-gu Nowon-gu, Jeju as his/her duties, with two lanes, depending on three-lanes from the direction of the shooting distance at the entrance of Han Linter at the street.

The driver of any motor vehicle shall not drive the motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking, and shall accurately operate the steering gear, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in a manner that may cause any danger and impediment to others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected to stop in the front state while under the influence of alcohol concentration of 0.179% and caused the Defendant to neglect the front state while driving in a state where normal driving is difficult, and thereby received the back part of the Category D Operation D, QM5 vehicle, which was in the front state of the Defendant’s driving.

As a result, the victim E(the 34 years of age) suffered injury, such as salt, tension, etc. of the Helle, which requires medical treatment for about two weeks.

2. The Defendant driven a Maz car on the front side of the new bank, which is linked to Jeju City, in the state of alcohol 0.179% at the time and time set forth in paragraph 1, from approximately 2Km to the place of the accident set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Related photographs and the actual survey report on traffic accidents;

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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

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