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(영문) 대전지방법원 2016.03.30 2015고단4374
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a driver of a car in XG since he franchiseed C New Airport.

On December 18, 2015, the Defendant driven the said car as his duties under the influence of alcohol content of 0.18% during blood transfusion at around 00:15, while normal driving is difficult, and led to a two-lane of the “E hotel” located in Daejeon Pung-gu D, one-lane of the two-lanes in front of the “E hotel,” which is located in Daejeon Pung-gu.

At the time, the center line is installed, so a person engaged in driving service has a duty of care to live well on the right and the right and the right and to safely drive the vehicle.

Nevertheless, the Defendant neglected to do so and did not see the front side, and went beyond the opposite line, thereby causing injury to the victim, such as dump, tension, etc. of the bones of the verte, which requires approximately two weeks of medical treatment of XG car, by driving GE250 of the victim F(55 years old) who is waiting to turn to the left at one-lane in the opposite direction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on each traffic accident, a report on the scene of the accident, an inquiry into the results of crackdown on drinking driving, and a report on the situation of the driver placed at driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Aggravation of concurrent crimes with punishment prescribed for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier (to the extent that the sum of the maximum amounts of each of the above crimes is aggregated) under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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