특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
1. The Defendant in violation of the Special Act on the Settlement of Traffic Accidents is a person who drives a shower car.
On November 30, 2013, at around 03:35, the Defendant, while under the influence of alcohol of 0.138%, proceeded with three lanes in front of the 35-lane in Pyeongtaek-si joint operation of Pyeongtaek-si, with about 50-60 km each other, from the military intersection in the general playground, at a speed of about 50-60 km.
In such cases, all drivers have a duty of care to prevent accidents by accurately operating the steering gear and brake system of vehicles, and to live well before and after the direction of the operation.
Nevertheless, the Defendant neglected to do so and caused the injury of the victim E (the 43 years old and female) who was driven by C in the front line due to the negligence of the violation of the duty of safe driving and carried out by C in the front line, resulting in the injury of climatic salt, etc. which requires two-day medical treatment to the victim E (the 49 years old and female) who was on board the same damaged vehicle, and the victim FF (the 49 years old and female) who was on board the same damaged vehicle for two-day medical treatment.
2. The Defendant violated the Road Traffic Act (driving) driving a shower car at a section of about 500 meters from the front of the steering gear in Pyeongtaek-si joint-dong to the place specified in paragraph (1) while under the influence of alcohol 0.138% of the blood alcohol level at the time specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of F and E;
1. Report on the circumstances of a drinking driver and notification of the result of crackdown on drinking driving;
1. Application of each written diagnosis (E, F) statute;
1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;