특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Defendant shall be punished by a fine of KRW 6,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
On February 19, 2014, the Defendant was under the influence of alcohol of 0.160% of blood alcohol concentration at around 20:10, and the Defendant was driving the said car, and driving the eight-lane road, which is 102-5, 102-5, and Cheongnam-gu, Yeonsu-gu, Incheon, with three-lanes towards the school distance of the audience from the on-site of the literature tunnel at the speed of about 20km.
In the same direction as at the time, the victim D (the South and 45 years old) followed the E Q7 car driven by the victim D, and therefore, the person engaged in driving service had a duty of care to safely operate the brake by securing the safety distance to avoid when the vehicle stops well, and accurately manipulating the brake system.
Nevertheless, the Defendant, while under the influence of alcohol, has been negligent in driving in close vicinity and has failed to accurately operate the brake system.
The back part of the car driven by the above victim, which was stopped in the signal atmosphere, was received in front of the vehicle driven by the defendant.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury, such as the victim D and the victim F (n, 41) and the victim G (n, 50 years old) who are the passengers of the said car, respectively, for about two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of H’s traffic accident;
1. A report on detection of a host driver;
1. Photographs related to accidents;
1. Two medical certificates (H and two others);
1. Application of the written estimate statutes;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crimes against death or injury resulting from dangerous driving)].