beta
(영문) 서울남부지방법원 2015.04.21 2015고정688

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who serves as a driver of passenger cars owned by his spouse

On November 4, 2014, at around 21:45, the Defendant, while under the influence of alcohol, was unable to drive normally and at least 0.166% of blood alcohol concentration, was driving at a 238-laned by the Gangseo-gu Seoul Gangseo-gu, Gangseo-gu, Gangseo-gu, which is a three-lane-laned road, straightened toward the erogic basin from the direction of the Gangseo-gu Office, and proceeded at an insular speed

The accident place is in the vicinity of a three-lane intersection where traffic in the three-lanes is frequent, so there was a duty of care not to move over to the opposite lane beyond the center line.

Nevertheless, the defendant neglected his duty of care and proceeded in the opposite direction over the median line, and caused the first accident by shocking the left parts of the motor vehicle of the victim D (Nam, 63 years old) who was driving in the two-lane, which was driving in the two-lane, and led to the second shock of the front wheeler of the taxi driver's seat in the taxi. Lastly, the victim F (F, South and 53 years old), who was driving in the two-lane, was driving in the two-lane.

Therefore, the victims of the above 1, 2, and 3 accidents suffered injury that requires approximately 2 weeks of treatment, such as drilling and sacrife, respectively.

2. The Defendant was under the influence of alcohol level of 0.166% at the above time, and was driving a B lusing car in the name of his spouse from approximately approximately 500 meters to the above place from Gangseo-gu 6-dong Flusium under the influence of alcohol level of 0.16%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements C, D, and F;

1. Reports on traffic accidents, reports on detection of a poppy driver, and application of Acts and subordinate statutes to each medical certificate;

1. Each relevant Article of the Act concerning criminal facts;