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(영문) 수원지방법원 평택지원 2015.06.26 2015고단689
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 person engaging in driving a car B i40.

On April 18, 2015, at around 06:20, the Defendant driven the said vehicle while under the influence of alcohol of 0.125%, and driven the said vehicle along the two-lane road along the direction of safeness from the upstream of the mountainside, at a point of 370 km away from the parallel of the Gan Highway, which is located in the original emulging side of the safe-time.

In this case, there was a duty of care to prevent accidents in advance by driving safely by safely driving a vehicle, such as a person engaged in driving of a motor vehicle, a person who is engaged in driving of a motor vehicle, and a person who is engaged in driving of a motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving, and the part of the victim C(25 years old) driving, which was driven by a sudden change from the two-lane to the one-lane, was driven by the Defendant as the front part of the left-hand part of the vehicle of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of alcohol, resulting in the Defendant’s injury such as salt, tension, etc. of the horse that requires treatment for about three weeks, and driven the said car about 46 km while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

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