특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving a motor vehicle B.
On November 21, 2015, the Defendant driven the said car under the influence of alcohol level of 0.186% from blood alcohol level around 22:25 on November 21, 2015, and led the front road of 322 east-gu, Seoul, 74 Go-gu, Seoul, to the above 318-dong room on the surface of the apartment parking lot.
At the time, since it is a night and a road in a apartment complex, there was a duty of care to prevent accidents by accurately manipulating the steering left and right of the defendant engaged in driving, and accurately manipulating the steering and brakes.
Nevertheless, the Defendant was parked on the front side of the Defendant’s proceeding, which was under the influence of alcohol and has been negligent in doing so.
CMa is unable to find Tex truck and the defendant was driven by the front part of the above passenger vehicle which he was driven by.
As a result, the Defendant suffered injury to the victim D (44 years) who was on the top of the car driving operated by the Defendant while driving a motor vehicle under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle normally due to the influence of alcohol for about six weeks of medical treatment.
2. On the same date and time as described in paragraph 1 above, Defendant 2: (a) was under the influence of alcohol of 0.186% among blood alcohol from the apartment parking lot of 74 high-speed 3 complex on the upper day of Gangdong-gu Seoul Metropolitan Government to the 322 front roads; and (b) was under the influence of alcohol of 0.186% from the underground parking lot of apartment to approximately 50 meters.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions, a traffic accident occurrence report, a report on the detection of a primary driver, and a statement on the circumstances of the primary driver;
1. Investigation report (the application, etc. of the above dmark formula);
1. A medical certificate;
1. Application of Acts and subordinate statutes to photographs of victims and on-site;
1. Relevant provisions of the Act concerning facts constituting an offense;