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(영문) 전주지방법원 군산지원 2015.10.26 2015고단509
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On November 25, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 as a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court. On January 31, 2012, the Defendant was sentenced to a fine of KRW 3 million for the same crime, etc.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a Csch Rexton car.

On April 3, 2015, the Defendant driven the said car while under the influence of alcohol of 0.113% of blood alcohol level on April 16, 2015, and led to the driving of the said car along a two-lane distance from the Moternal Self-Governing Center at the port of Moternal City to the Moternal History distance from the Moternal Self-Governing Center at the same time.

A driver of a motor vehicle has a duty of care to prevent accidents by thoroughly operating the steering time, and operating the steering gear and brakes accurately.

Nevertheless, the Defendant, while under the influence of alcohol level 0.113%, was negligent in neglecting this duty of care, was informed that the victim D(the age of 47) gets loaded in the front part of the said car with the driver’s license in front of the said car, and continued to stop on the front part of the said car in the same direction as the part of the victim FF(the age of 30) who was at the same time stopped in accordance with the stop signal at the same direction. The Defendant got a part behind the passenger car in G K5 which was driven by the victim FF(the age of 30) who was at the same time stopped in accordance with the stop signal at the same direction, and due to its shock, got the victim H(the age of 27) who was at the same time the said K5 car was driven by the stop signal at the same direction.

Ultimately, the Defendant: (a) by negligence in the course of performing duties that drive the said vehicle in a situation where normal driving is difficult due to influence of alcohol, inflicted injury on the victim D such as salt, tensions, etc. in need of treatment for about two weeks; (b) injury on the victim F, such as salt, tensions, etc. in need of treatment for about two weeks; and (c) injury on the victim H for about two weeks.

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