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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a B-p car. On April 28, 2018, the Defendant was requested to move the said car parked on the street of Gangdong-gu Seoul Metropolitan Government to the lower one while under the influence of alcohol level of 0.096% in blood around 18:51 on April 28, 2018, and became a person driving the said car.
At this point, the housing is densely concentrated, and other automobiles are parked in the front section and the front section of the said car, so in such a case, a person engaged in driving a vehicle shall not drive the vehicle while under the influence of alcohol. In the latter case, there was a duty of care to safely drive the vehicle and prevent the accident in advance.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not look at the rear, and took the victim D(15) who was parked on the rear side of the said car into the rear part of the said car and caused the victim to be faced with the front part of the said car in the third place.
As a result, the Defendant suffered injury to the victim, such as cinal salt, which requires approximately three weeks of medical treatment, due to such occupational negligence.
2. The Defendant was driving the said car under the influence of alcohol concentration of 0.096% in blood at the time and place specified in paragraph 1, and at the location of about three meters, at the same time and place.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident statement of D;
1. A traffic accident report;
1. Whether drinking alcohol is measured;
1. Certificates of diagnosis and treatment;
1. Application of statutes on site photographs;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act;
1. Selection of each alternative fine for punishment (the same kind of defendant several times);