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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 a CTXG car.
1. On February 21, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said car on or around February 21, 2016 and came to enter the alley road in the front of the Seoul Gangnam-gu Seoul Metropolitan Government.
In this case, the driver of the motor vehicle has a duty of care to properly operate the brakes by properly manipulating the brakes while keeping the booms well by the driver of the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant neglected this and failed to properly operate the operation system, and thereby was the victim E (the age of 35) who was proceeding on the right side from the left side of the driving direction of the car driving by the Defendant.
As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, resulting in the victim’s dump satum in need of treatment for about two weeks.
2. Around February 22, 2016, the Defendant was demanded to respond to the measurement of alcohol by inserting the breathm for about 36 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol at the office of F Department of the Seoul Dansan Police Station in 406, Madsan-ro, Seoul, and 406, the Defendant was snicking on the face and snicking on the face.
그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.
Summary of Evidence
1. Each legal statement of witness E and G;
1. Each police statement of E and H;
1. The actual survey report and the report on the occurrence of traffic accidents;
1. Vehicles, field photographs, etc.;
1. Statement and explanatory statement of the circumstances of the driver;
1. The application of the law of the medical certificate.