특정범죄가중처벌등에관한법률위반(위험운전치상)등
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
1. The Defendant is a person who is engaged in driving a motor vehicle B on another motor vehicle in breach of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On October 18, 2020, the Defendant driven the said car under the influence of alcohol level of 0.105% among blood transfusions on Oct. 18, 2020, and proceeded directly from three-lanes from three-lanes to C middle school pages among five-lane roads, namely, 0.10% at the time of vision interest.
In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to safely operate the steering and brake system by making a well-being of the front-hand and right-hand traffic.
Nevertheless, the Defendant was driving in a state where normal driving is difficult due to influence of drinking, and the Defendant was driving on the right side of the K5-car driving by the victim D ( South, the age of 61) who was waiting for the signal at the two-lanes.
Ultimately, the Defendant suffered injury, such as salt, tension, etc., by occupational negligence, to the victim for about four weeks of medical treatment.
2. On October 18, 2020, the Defendant driven a B-free car under the influence of alcohol content of about 12 km from the section of approximately 12 km to the wooden distance of 0.105% in the blood, from an insular area that was moved in Ansan-si (hereinafter referred to as the “insular area”) around 04:15 on October 18, 2020.
Summary of Evidence
1. The criminal defendant's report on the circumstances of the driver at the police's seat made in relation to D;
1. Application of Acts and subordinate statutes of a written diagnosis of accident scene;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 (1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 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 Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.