특정범죄가중처벌등에관한법률위반(위험운전치상)등
Defendant shall be punished by a fine of KRW 6,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Punishment of the crime
The Defendant is a person who is engaged in driving of Cunst Track trucks.
On May 7, 2018, the Defendant driven the above cargo while under the influence of alcohol level of 0.160% from the blood alcohol level on May 7, 2017, and driven the above cargo level of 2000,000,000,000,000 Sacheon-ro 1,000 Sacheon-si.
At the same time, the signal has been installed and the stop signal has been parked, so there was a duty of care to safely operate the steering employee by accurately operating the steering system and the steering system.
Nevertheless, the Defendant neglected this and negligently driven the vehicle at the front direction of the vehicle of the victim D(68 S) driving, which was under the influence of signals at the front direction of the vehicle, and received the part of the vehicle in front of the vehicle of the above rocketing broadband.
As a result, the Defendant, while driving a rocketing boom cargo vehicle under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, suffered from the injury of the victim F, who was on board the sports cargo vehicle with the victim D (the 62 years old), such as the shoulder boom, tension, etc. requiring approximately two weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes, such as a survey report on actual condition, traffic accident-related photographs, a statement on the circumstances of the driver at home, a report on whether to drive any danger, a medical certificate (D), and a medical certificate (F);
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each risk) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (referring to
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.