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Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. The Defendant is a person engaged in driving of Category C Ⅱ cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
피고인은 2017. 4. 18. 20:00 경 혈 중 알코올 농도 0.221% 의 술에 취한 상태에서 위 화물차를 운전하여 보령시 신흑동 됫박 산 교차로 쪽에서 같은 동 흑 포 삼거리 쪽으로 편도 2 차선 도로의 2 차로를 따라 시속 약 60km /h 의 속도로 진행하게 되었다.
In such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system, steering system, and other devices of the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D, who was under way in the same direction, due to negligence while neglecting this, and was driven by the victim D in the same direction at the front of the foregoing cargo vehicle.
After all, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. of the necessary 2 weeks of treatment to the victim D.
2. Defendant 1 driven the above cargo while under the influence of alcohol level of about 0.221% in a section of about 3 km from the front of a restaurant in Boncheon-dong, Boncheon-si to the front of the same 3km-si. Defendant 1 driven the above cargo vehicle in the state of under the influence of alcohol level of about 0.221%.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to a traffic accident report, investigation report (Evidence No. 4), alcohol appraisal report during blood, report on detection of a driver with primary drivers, and medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), and Article 44-2 (2) of the Road Traffic Act.