특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Records] On September 18, 2015, the Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor due to forced indecent act and bodily injury at the Seoul Central District Court, and the said judgment became final and conclusive on September 26, 2015, and is still under the suspended sentence.
[Criminal facts]
1. On April 9, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death prior to the risk) driven by Category B car with alcohol concentration of 0.133% while under the influence of alcohol during blood at around 10:45 on April 10, 2016, and driven the front road of Gangnam-gu Seoul Metropolitan Government toward the private distance of the hospital located in the direction of the hospital B.
In such cases, the defendant who drives a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the steering gear and brake system, such as taking into account the traffic situation of the front side and the right side.
Nevertheless, the defendant neglected the above duty of care and failed to verify the safety of the left-hand side of the driving direction while under the influence of normal driving due to the negligence of bypassing it without confirming the safety of the left-hand side of the driving direction. The defendant was normally proceeding under the left-hand left-hand turn on the private-hand side of the hospital in the Hannam-do.
D(51) The remainder of the right side of the E Lastya car driven by the D(51) conflict with the left side of the Defendant’s car.
Ultimately, the Defendant driven while driving in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, and so on, the victim F (V, 49) who is the passenger of the foregoing occupational vehicle, in need of approximately three-day medical treatment, and the victim G (V, 50) suffered injury, respectively.
2. The defendant violating the Road Traffic Act (drinking driving) amounting to approximately 1 km from the day to the road at the point of the accident in Gangnam-gu Seoul Metropolitan Government, Seo-gu, Seo-dong, to the day on which the accident occurred.