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(영문) 제주지방법원 2016.01.22 2015고정1117
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 29, 2015, the Defendant driven a motor vehicle at C Spo-type under the influence of alcohol concentration of 0.138% among blood transfusions on October 29, 2015, and led Jeju to proceed along the two-lanes between the two-lanes from Jeju Island to Jeju Island.

At that time, since the front line is under the stop of signal waiting, there was a duty of care to safely stop the front line when the front line stops by safely manipulating the steering gear, brakes, etc. in a clear mind that is not drunk.

Nevertheless, the Defendant neglected to drive a car under the influence of alcohol and was negligent in driving it in a state where normal driving is difficult due to the influence of alcohol and was under the influence of the victim D(W, 47 years old) driving E in the front of the traffic signal waiting.

As a result, the Defendant suffered a shoulder and a arms that require approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A survey report and an investigation report (the confirmation of the damaged vehicle);

1. A written inquiry about the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. On-site map and on-site photograph;

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

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

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. Articles 53 and 55(1)6 of the Criminal Act (a) of the Act on Reduction of Quantities provides that the injured person does not want the punishment against the accused by making a full payment of KRW 4 million to the injured party, and the injured party does not focus on the injured party.

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