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Defendant shall be punished by a fine not exceeding seven million won.
Where the defendant fails to pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
1. The Defendant is a person engaging in driving a cuss car in C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On January 6, 2018, the Defendant driven the said car while under the influence of alcohol 0.123% in alcohol at around 01:50, and driven the said car at a speed of 0.123% in front of Yongsan-gu Seoul, Seoul, the face color is red, the horse is divided into red, and the end is divided into two lanes from the hotel to the south of Korea, along the two lanes. On the other hand, when the car line is changed in a state where it is difficult to drive normally due to influence of alcohol, such as drinking, a part of the left side part of the E (67 years old) driving of the E (67 years old) driving, which was driven by the Defendant at the right side of the Kuc-gu driving.
Ultimately, the Defendant suffered injury to the victim G (at 35 years old) who was on board the said Benz’s car with the above occupational negligence, for approximately two weeks of medical treatment, such as pelvis, pelvis, and other parts of sacrine and tension in need of medical treatment.
2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle under the influence of alcohol with 0.123% alcohol concentration in blood at the time and place specified in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on traffic accidents (1), (2), reports on detection of primary drivers, and investigation reports (report on the circumstances of primary drivers);
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: there is a record of being punished once by a fine due to drinking driving in 2004.
o A favorable circumstances: The degree of damage to the instant traffic accident and the victim is relatively.