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(영문) 부산지방법원 2013.09.25 2013고단4265
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in the SP area B.

On July 10, 2013, around 09:55, the Defendant driven the said car while under the influence of 0.121% of blood alcohol concentration without a driver’s license on the Jinyang-dong located in Busan, Busan, the Defendant driven the said car at the intersection of the global lending mileage, along the three-lanes of the 5-lane road, along with the other five-lanes of the 5-lane road.

Since the signal apparatus has been installed and the traffic control is performed, there was a duty of care to drive according to the signals.

Nevertheless, the Defendant neglected to drive under the influence of such drinking as above and failed to proceed in violation of the signal while driving the vehicle in a normal condition, and received the part of the right side of the front and left side of the car in front of the DNA which the victim C drives by the normal signal from the left side of the right side of the driving direction of the vehicle in question.

The Defendant suffered from the victim C’s salt, tension, etc. in need of approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The ledger of driver's licenses;

1. Photographs related to traffic accidents;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of each selective fine for punishment (the fact that the accused has no record of crime except for punishment once for drunk driving, and the drinking volume, etc. at the time of the crime in this case shall be considered);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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