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(영문) 춘천지방법원 2015.07.09 2015고단574
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2009, the Defendant was sentenced to a fine of KRW 2 million by the Seoul Central District Court due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act, and a fine of KRW 4 million by the Seoul East East District Court on May 4, 2012, and a violation of the Road Traffic Act (licensed Driving).

On May 17, 2015, at around 01:10 on May 17, 2015, the Defendant driven B Coke-C vehicle while under the influence of alcohol concentration of 0.172%, from a three-distance without signal lights, etc. in front of the Sincheon-dong Seniors.

At the time, the Defendant was under the influence of alcohol alcohol level 0.172%, and the face was red and smelling so that it was difficult to drive normally due to the influence of alcohol.

Nevertheless, the Defendant suffered injury, such as salt, tension, etc. by the victim C (the aged 55) who was driven by the victim C (the aged 55) who driven the said vehicle at the right side of the said C and F (the aged 21), who was on board the said C and F (the aged 21) by driving the said vehicle at the above time and at the above time and place, and driving the said vehicle at the intersection of Samcheon-dong from the intersection of Samcheon-dong to the intersection of Samcheon-dong and the left at the intersection of Samcheon-dong.

As such, the Defendant, who was punished twice due to drinking alcohol, re-driving a motor vehicle, and was unable to drive the motor vehicle normally due to the influence of drinking, thereby causing the victims to be injured.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual condition survey report, the report on detection of a host driver, and each diagnosis report;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of a person who is under influence of alcohol not less than twice) concerning criminal facts, and Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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