(영문) 수원지방법원 안양지원 2016.09.21 2016고단877

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(영문) 수원지방법원 안양지원 2016.09.21 2016고단877

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 6.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 12, 2016, the Defendant violated the Road Traffic Act (drinking) driving a B-A6 car over about 1k meters in front of the central office of postal concentration located in the Gu, while drunkly under the influence of alcohol by 0.153% from the blood alcohol concentration in the influence of alcohol at around 02:45 on May 12, 2016.

2. Defendant 1 violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger), at the time, at the places mentioned in the above paragraph 1, flusing the speech and behavior under the influence of alcohol, and the walking condition also led to driving of the said vehicle on the road front of the central government in front of the traffic concentration station located in the Gu, while driving the said vehicle under the influence of drinking, such as the distance of the studs, while it is difficult to drive the vehicle normally.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering side and the steering system of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, caused injury to the victim, such as catum salt, which requires two-day medical treatment, by conflicting the part concerning the back of the driver's seat of the victim cat Da which was in the atmosphere of the signal at the front of the car of the Defendant driver.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. Reporting of a traffic accident, notification of the results of regulating drinking driving, and report on the circumstances of the driver at drinking;

1. A medical certificate;

1. Application of statutes, such as vehicle photographs (No. 6 No. 5 of the evidence list);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning facts constituting a crime (the driving of drinking alcohol)

참조조문

-특정범죄 가중처벌 등에 관한 법률

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