특정범죄가중처벌등에관한법률위반(위험운전치상)등
Defendant shall be punished by a fine of 3.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
1. Around 17:24 August 21, 2018, the Defendant driven a EM vehicle while under the influence of alcohol of about 400 meters in the section of approximately 0.131% in blood alcohol concentration from the front of C in Seoul, the ditch-gu to the front of D in the same Gu.
2. A person who is engaged in the business of driving multiple-mael vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).
On August 21, 2018, the Defendant driven the above Damar Cormp, as described in Paragraph 1, around 16:55 on August 21, 2018, and led to the side streets of Seoul Jung-gu to the south village park from the near middle school.
At that time, there is no distinction between delivery and vehicular road. In such a case, there was a duty of care to prevent accidents in advance by emphasizing the situation of the front side and operating the brake accurately and safely.
Nevertheless, the Defendant had the victim G(54 years of age) who was going next to the above cargo vehicle by being driven by the Defendant’s driver’s combined lanes with the cargo vehicle, while drunking, neglecting it and driving on the road, suffered injury, such as salt, tension, etc. in need of approximately two weeks of treatment in the process of getting the Defendant’s getting on and off the vehicle.
As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, was negligent in neglecting the duty of care as a motor vehicle driver, resulting in injury to the victim
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident;
1. An accident site photograph;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes to medical certificates;
1. Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Act on the Aggravated Punishment of Specific Crimes shall be the aggravated punishment for the crime.