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Defendant shall be punished by a fine of nine 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 motor vehicle B.
around 03:28 on March 7, 2020, the Defendant driven the said car under the influence of alcohol concentration of 0.143% on the front of the Jeonsung-gun, Jeonsung-gun, Seoul, while driving the said car to “the long-term mountain distance” on the side of the “company villages”.
At the time, since the night and the surrounding view are not good, there was a duty of care to prevent accidents by thoroughly manipulating the steering gear and the steering system properly.
Nevertheless, under the influence of alcohol, the Defendant was negligent in the course of driving the said vehicle on the right side while the said vehicle was moved to the right side by negligence in the course of driving the said vehicle while the Defendant was under the influence of alcohol, and was a utility pole installed on the right side of the said vehicle.
The Defendant suffered from the injury of the victim D (the age of 20) who was aboard the said car due to the negligence in the course of business, which requires approximately two weeks of medical treatment.
Summary of Evidence
1. Report on the occurrence of a traffic accident by Defendant’s statutory statement, and report on the actual condition of the drinking driver, and report on the circumstantial statement;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant provisions of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and choice of imprisonment with prison labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the sentencing of the instant case, such as blood alcohol concentration at the time of the instant crime, the background leading to the drunk driving, the distance and place where a drunk driving was conducted, etc., and the Defendant was the primary offender, and his mistake is divided, and the degree of injury to the victim is relatively weak, and the victim is the Defendant.