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Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
The defendant is a person who is engaged in driving a motor vehicle by borrowing B.
On July 25, 2018, the Defendant driven the said car under the influence of alcohol level of 0.171% in blood at around 23:37, while driving the said car, and led the Defendant to proceed one-lane of five-lane 4-lane 5-lane 4 from the side of the agricultural and fishery products market.
A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the left and right of the motor vehicle.
Nevertheless, in order to make a left-hand turn on the road at which it is difficult to drive under normal conditions due to influence of drinking, the Defendant followed the DWz car driven by the victim C (IS, 37 years old) who was in the atmosphere of the signal, and shocked the part of the Defendant’s front-hand part of the car.
Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt fats, etc., requiring approximately two weeks of medical treatment, and suffered injury on the victim E (39 years of age) who was boarding the said benz’s car, such as salt fats, tensions, etc. requiring approximately two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. E statements;
1. A survey report on actual condition, a report on the situation of a driver driving, and a report on the results of regulating drinking;
1. An accident scene photograph;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each alternative fine for punishment;
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 favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.
The defendant is divided into the crime of this case.