beta
(영문) 제주지방법원 2013.06.19 2013고정394

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 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 engaged in driving a motor vehicle with C Ah-

On January 5, 2013, around 03:39, the Defendant was driving in the direction of the Road Traffic Authority at the distance of Hando University, driving the vehicle owned by the Defendant, driving the vehicle from the C-A-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wed

The driver of any motor vehicle shall not drive the motor vehicle while normal operation is difficult due to the influence of alcohol or drugs, and shall accurately operate the steering gear, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in a manner that may cause any danger and impediment to others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant, even though he was unable to drive normally due to blood alcohol concentration of 0.201% under the influence of alcohol, was shocked by the front part of the vehicle in which the Defendant driven the roadside trees installed on the right side of the running direction by negligence.

As a result, the victim D(the age of 31) who was accompanied by the defendant's vehicle suffered injury, such as the cutting of a dub in need of medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle at the section of approximately 2.5 K km from the original distance in front to the site of accident described in paragraph 1, which is linked at Jeju city while under the influence of alcohol 0.201% of the blood alcohol level at the temporary border under the above paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report on traffic accidents;

1. Related photographs and diagnostic reports;

1. Application of Acts and subordinate statutes to written blood alcohol appraisal, written report on detection of a drinking driver (investigative records No. 27 pages), and written circumstantial statement of a drinking driver;

1. Article 5-11 (Aggravated Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 1 and Article 148-2 (2) of the Road Traffic Act;