beta
Text
Defendant shall be punished by a fine of KRW 7,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
1. Around 06:50 on October 26, 2014, the Defendant driving a C X-ray car under the influence of alcohol content of about 20 km from the roads in front of the house located in Busan Seo-gu, Busan, to the roads in front of the Busan Seo-gu, Busan Seo-gu, Busan, about 0.214% of alcohol concentration.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a C X-L car.
On October 26, 2014, the Defendant, while under the influence of alcohol of 06:50% of the blood alcohol concentration of 0.214%, was driving ahead of the Busan Gangseo-gu Busan Metropolitan Government School in the direction of Kim Sea from the direction of Busan.
At this point, there is a center line of yellow-ray, so in this case, the driver of the vehicle has a duty of care to safely drive the car line and prevent the accident in advance.
Nevertheless, the Defendant neglected this and received the part of the Defendant’s driver’s seat fronter and pentum part of the E-Vehicle’s car driving seat, which was driven by the victim D(57 years old) who was frighting the central line and driving on the opposite lane in order to overtake a vehicle under the influence of alcohol content 0.214%, while normal driving is difficult due to the Defendant’s negligence.
After all, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered a diversity in need of medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Reports on traffic accidents, on-site photographs, reports on driving of a drinking driver, inquiry into the results of the control of drinking driving, and reports on the status of driving a drinking driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the applicable law.