beta
(영문) 서울동부지방법원 2018.08.22 2018고단664

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and engages in passenger car business.

On January 30, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.168% during blood transfusion 0.27, and changed the lanes from three lanes to four lanes while driving the road on the 43-lane 4-lane 4 in front of the Seoul Olympic Games as the 43-gil 88 Olympic Games, Songpa-gu Seoul Olympic Games, into the knife Bridge. The Defendant shocked the back part of the knifed passenger vehicle driven by the victim F, who proceeded along four lanes in the same direction, with the front part of the said vehicle driven by the Defendant.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered from the victim’s injuries, such as salt dynasiums and tensions that require two weeks’ medical treatment.

2. On the same day as indicated in paragraph (1) of the above criminal facts, Defendant 2: (a) planned to drive a vehicle in a state of alcohol concentration of 0.168% under the influence of alcohol at approximately 6km from the section of 6km of alcohol from Gangnam-gu Seoul, Seoul to the front of the 88 Olympic Games, as it is about 43-gil 8, Songpa-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A survey report on actual condition, a report on the circumstances of the driver of the driver's license, a report on the circumstances of the driver of the driver's license, a record of drinking measurement, and the dmark formula

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment: The driving of drinking is not only the person concerned by raising the possibility of traffic accidents.