특정범죄가중처벌등에관한법률위반(위험운전치사상)등
1. The defendant shall be punished by a fine of 6,00,000 won;
2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,
Punishment of the crime
1. The Defendant is a person engaged in driving a “SM5” car.
On December 23, 2014, around 23:10, the Defendant driven the above vehicle at the point of 16.9 kilometers of the 16.9 kilometer, while driving the vehicle normally at a point of 0.153% alcohol concentration and making it difficult for the Defendant to drive the vehicle normally, and driving it in accordance with the Incheon direction from the Seoul bank.
At night, it was difficult for the victim C(45 years of age, inn) who was driving at the time, and proceeded with the behind the Darburged car, so the person engaged in driving of the vehicle has a duty of care to accurately operate the steering gear and operation system and to safely conduct the operation by properly examining the earbburity.
Nevertheless, the defendant neglected to do so while under the influence of alcohol and caused the collision of the victim's vehicle behind the victim's vehicle due to the negligence of the defendant.
In this way, the defendant, as seen above, suffered salt, tensions, etc. of the trend that requires approximately three weeks of treatment to the victim through occupational negligence as above.
2. The Defendant, while under the influence of alcohol level of 0.153% in a temporary border like the above paragraph (1) above, driven a car with approximately KRW 3 km from the Magjin-Non parking lot 237-5, Seocheon-gu, Seocheon-si, Seoul Special Metropolitan City to the place of the accident.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. The actual condition survey report, field photograph, etc., the statement on the occurrence of a traffic accident, and the medical certificate (C);
1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, and the results of the control of drinking driving;
1. Relevant 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, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Detention at a workhouse;