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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. Around 06:30 on April 28, 2019, the Defendant was driving a DK 3 car while under the influence of alcohol with a blood alcohol concentration of about 0.113% from the 14km section from the front of Incheon Gyeyang-gu to the front of Incheon Seo-gu, Incheon.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaged in driving D K3 automobiles.
On April 28, 2019, the Defendant driven the said car under the influence of alcohol of 0.113% in blood alcohol concentration at around 07:00, and driven the three-lanes in front of Incheon Seo-gu, Incheon at a speed of about 60km along the two-lanes.
In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has the duty of care to prevent accidents in advance by driving the motor vehicle, driving the motor vehicle on the front side, and accurately manipulating the steering gear, etc.
Nevertheless, under the influence of alcohol, the Defendant received the back portion of F, which was driven by the victim E (Nam, 39 years old) who was in the atmosphere of the signal at the front of the road due to negligence while neglecting this, in front of the car of the Defendant.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.