특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a person who drives a Cbee or a car.
On October 21, 2014, the Defendant driven the said car under the influence of alcohol of 0.126% on blood alcohol level on October 21, 2014, and led the Defendant to drive the said car at a speed lower than that in the direction of the opposite opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite to the opposite under the influence of 0.126%
At the time, pedestrian traffic is frequent in the commercial area.
In this case, a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving by reducing speed and driving safely.
Nevertheless, the Defendant is under the influence of alcohol and is proceeding as it is.
The victim D (Nam, 53 years old) from the right-hand side of the course is not found, and the part of the vehicle driving by the defendant is the top-hand string of the vehicle, which is driven by the defendant, is shocking on the left-hand side of the victim, and it is now proceeded without identifying it.
As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered an injury on the part of the patient in the left-hand part of the days of treatment for two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A traffic accident report (1) (2);
1. A written report from an employee of an employer;
1. Making a report on the control of drinking driving;
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, Articles 148-2 (2) and 2, and 44 (1) of the Road Traffic Act, the selection of fines for the crime;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 201)
1. Article 70 of the Criminal Act for the Detention of Labor House Head.