특정범죄가중처벌등에관한법률위반(위험운전치상)등
Defendant shall be punished by a fine of KRW 14,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. The defendant is a person who is engaged in driving of B K5 motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
On April 16, 2020, the Defendant driven the above vehicle at around 22:20 on April 16, 2020, and led C ahead of Osan City to the E-section from D apartment room.
Since there is a road where the passage of a motor vehicle is frequent, there was a duty of care to safely drive the motor vehicle by checking the front side and the left and right of the person engaged in the driver's duty.
Nevertheless, the Defendant, while under the influence of alcohol level 0.165%, was breathly breathly, and the Defendant neglected to perform such duty of care in a state where normal driving is difficult due to influence of alcohol such as a large distance, and did not discover a GH car of the victim F (F, South, 43 years old) who was under the influence of the signal waiting in the front bank, and did not drive the front part of the Defendant’s vehicle.
Ultimately, the Defendant suffered from the injury of the victim H (the age of 41) who is a partner of the victim F and the fash motor vehicle in the foregoing occupational negligence, for approximately two weeks in need of treatment.
2. Around April 16, 2020, the Defendant was driving the said K5 vehicle under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.165% from the main point of “J” located in Orasi-si to the place indicated in the preceding paragraph.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the control of drinking driving and the report on the actual condition of traffic accidents;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury resulting from dangerous driving) and Article 5-1 of the same Act concerning criminal facts