beta
(영문) 전주지방법원 2014.01.22 2013고단2565

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On September 13, 2013, the Defendant driven the said car while under the influence of alcohol of 0.189% with a blood alcohol concentration of 0.189% on September 13, 2013, and driven the said car at a speed of about 60km per hour at the speed of about 60km along that of the shooting bridge in front of the Ho-jin-gu, Seoul Special Metropolitan City.

In this case, the driver has a duty of care to prevent accidents in advance by safely driving along the lane with the central line.

Nevertheless, the Defendant neglected to do so and did not see the front side, and instead did not properly manipulate the steering direction and brakes, and instead did not properly manipulate the steering direction and brakes to turn to the left on the opposite side of the signal-based vehicle, the Defendant was placed on the right side of the DNA motor vehicle driven by the victim C (IS, 32 years old) who is going to the right side of the signal-based vehicle.

Ultimately, the Defendant driven under the influence of drinking alcohol that is difficult to drive normally, and suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) (2) and photograph;

1. A report on detection of a motor vehicle driver and a report on whether to drive any motor vehicle in danger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, 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 each crime ( Consideration, such as the primary crime, the injury suffered by the victim is relatively minor, and the confession is made);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;