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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On July 15, 2017, the Defendant was driving a B rocketing car under the influence of alcohol content of about 0.142% at the section of about 18km from the upper road near Yongsan Station in Yongsan-gu Seoul Metropolitan Government to the upper road of Goyang-gu, Goyang-gu, 58, a direction of Yongsan-gu, Yongsan-gu, Seoul.
2. 특정범죄 가중처벌 등에 관한 법률위반( 위험 운전 치상) 피고인은 2017. 7. 15. 20:25 경 고양 시 덕양구 지도로 58에 있는 능 곡 중학교 앞 도로를 제 1 항과 같이 술에 취한 상태에서 B 쏘나타 승용차를 운전하여 빵 굼 터 사거리 방향에서 능 곡 중학교 방향으로 시속 약 60km 로 진행하게 되었다.
Since there is a signal apparatus installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by properly manipulating the brake system by properly examining the progress of the signal and the front side.
Nevertheless, the Defendant, who was under the influence of alcohol and was negligent in not operating the operation of the operation system properly, was faced with the driver of the passenger vehicle of the victim C(62 years old) who was under the influence of alcohol and was under the influence of the operation of the operation system, due to the driver's vehicle of the victim C(62 years old) which was driven by the Defendant.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about three weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of a survey report on actual condition and the crackdown on drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense; Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Optional to Penalty)
1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the maximum limit of concurrent crimes);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The order of provisional payment;