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(영문) 대전지방법원 천안지원 2016.11.04 2016고단1485
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cruise motor vehicle.

On July 21, 2016, the Defendant driven the above vehicle under the influence of alcohol 0.128% in blood alcohol level on July 21, 2016, and driven the three-lane road in front of the Seoanbuk-gu, Seoan-gu, Seoan-gu, in the direction of entrance, along the one-lane direction.

At the time, the victim E-driving is a night and going ahead of the same direction, and therefore, the driver has a duty of care to secure and proceed with the safety distance that can be avoided when the driver stops, while reducing the speed higher than that of the flat and driving the driver.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not keep the front and the rear part of the E-driving which was in the front direction of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle.

In the end, the Defendant suffered injury to the victim E, such as catum and catum catum, which requires approximately two weeks of treatment, and injury to the victim G, such as catum catum, tension, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written statement of E and G;

1. Fact-finding report and report on the occurrence of traffic accidents;

1. Notification of the drinking control result and the circumstantial report of a drinking driver;

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

1. Article 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning the Crime, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty:

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