Defendant shall be punished by a fine of five million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

피고인은 B 포터 화물차의 운전업무에 종사하는 사람이다 피고인은 2016. 10. 30. 00:50 경 혈 중 알코올 농도 0.094% 의 술에 취한 상태로 위 화물차를 운전하여 제주시 애월읍 평화로( 봉 성리 )에 있는 봉 성교 차로 부근 도로를 중 문 방면에서 제주시 방면으로 진행하게 되었다 피고인은 당시 술에 취하여 조향장치 조종을 제대로 하지 못한 과실로 진행방향 우측에 있던 도로 화단 석을 피고인 운전 화물차 앞부분으로 들이받아 그 충격으로 화단 석이 튕겨 나가 피해자 C(25 세) 운전의 D i40 승용차의 하부를 충격하게 하였다.

As a result, the Defendant caused the victim C to suffer injury, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of treatment, by negligence in the above business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. A medical certificate;

1. A traffic accident inspection report, the scene of the accident, and the photograph of the accident vehicle;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

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. Article 334(1) of the Criminal Procedure Act provides that the Defendant’s assertion of the Defendant and the judgment thereof are considered to have driven a stroke while under the influence of alcohol by the Defendant, while the Defendant was under the influence of alcohol, and the victim’s vehicle driven at a certain time after a certain period of time was obstructed by a stone located far from the road. Thus, the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is not established, inasmuch as a traffic accident caused by drinking is not a traffic accident.