Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On December 21, 2014, at around 22:10, the Defendant was under the influence of alcohol with 0.176% of alcohol concentration. On December 21, 2014, the Defendant was driving a triro-gate at the entrance and exit of the secondary apartment in the Yongbuk-dong in Jeju City, and was proceeding to turn to the left from the surface of the B-ro by driving the vehicle at the entrance and exit of the B-ro.
At the time, the center line is installed, so a person engaged in driving service has a duty of care to keep his/her lane well and to not impede the communication of other vehicles.
Nevertheless, the defendant has been negligent in driving and has been able to do so.
On the other hand, due to the negligence of the center line, the part of the victim C (Nam, 56 years old) who is waiting to turn to the left at the seat of the Dododo-ro at the apartment site of the North Korean-U.S., was shocked in front of the left-hand side of the vehicle operated by the above defendant.
After all, the Defendant suffered injury to the driver of the affected vehicle by negligence in the above business, such as brain-dead sugar, etc., which requires approximately two weeks of treatment, and injury to the same passenger E (V, 53 years of age), which requires approximately two weeks of treatment, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to C by the police;
1. The actual condition survey report;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment for the crime: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of running a sound driving);
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of punishment: Selection of a fine;
1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;
1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. A provisional payment order: The order is issued in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.