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(영문) 수원지방법원 평택지원 2015.04.03 2015고단268
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

Defendant

A is a person engaged in Cranchising driving.

On November 27, 2014, the Defendant, while under the influence of alcohol on blood alcohol level of 0.106% on November 27, 2014, driven the said Cran-do car, and led to the front road in front of the Cran-si factory to the direction of the Ani-si in the direction of Ani-si in the direction of Ani-si in the direction of Ani-si.

In such cases, despite the duty of care to operate safely by accurately operating the steering system and steering gear of the vehicle, a person engaged in driving of a motor vehicle, who is engaged in driving of a motor vehicle, has concealed the part of the rear part of the victim D (ma, 26 years old), which was prior to the influence of drinking, into the front part of the franchise vehicle.

Ultimately, the Defendant suffered from the injury of the victim D and the same F for two weeks by occupational negligence as above, the injury of the victim D and the same G and H for three weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. On-site photographs of traffic accidents;

1. The application of Acts and subordinate statutes to each (Bodily Injury) medical certificate;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

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

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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