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(영문) 서울동부지방법원 2014.11.21 2014고정1455
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

At around 04:20 on May 31, 2014, the Defendant, while under the influence of alcohol of 0.10%, driven a car free from approximately 13 kilometers from the front road near the original station in the Sungnam-gu, Sungnam-si, and led the Defendant to drive a car free from approximately 13 kilometers from the front road in the vicinity of the original station in the Sungnam-gu, Seoul to drive the car free from the southwest.

A person engaged in driving of a motor vehicle has a duty of care to reduce speed and safely drive the motor vehicle by taking the front left well, and not drive the motor vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was driven by the Defendant’s negligence while driving the car as it is, and was found to have been driving by the front part of the car. The Defendant got off the DNA cargo truck drivened by the victim C while driving in the same direction.

As above, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks due to negligence in the course of performing duties, while driving a motor vehicle under the influence of alcohol, and driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Traffic accident report (on the actual condition survey report), report on detection of a de facto driver, report on the circumstantial statement of a de facto driver, and report on internal affairs (related to the Ba mark);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of radioactive vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines for the crime;

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

1. The defendant under Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation is himself/herself.

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