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Defendant shall be punished by a fine not exceeding ten million won.
When the accused does not pay a fine, 100,000 won shall be converted into one day.
Reasons
Punishment of the crime
1. Around December 19, 2018, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving a DNA rocketing car with a blood alcohol content of 0.142% under the influence of alcohol without obtaining a driver’s license from Gangdong-gu Seoul to the front day of the same Gu via the same Gu C-ro from the front day of Gangdong-gu Seoul Metropolitan Government to the front day of the same Gu.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the said car while under the influence of alcohol content of 0.142% at once set forth in paragraph 1, and driving the said car at a speed that cannot be known from E surface to F surface.
Since at night, in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by reducing speed and checking the right and the right of the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to do so, G (the age of 41) with the front part of the said car.
As a result, the Defendant suffered injury to the victim, i.e., the pertinent victim, who driven the said car in a situation where normal driving is difficult due to the above influence of drinking, by negligence in the course of business, requiring approximately two weeks medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the register of driver's licenses, such as a survey report on actual conditions, pulmonology and output, diagnostic certificate copy, and car;
1. Penalty provisions: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2, 44 (1), 152 subparagraph 1, and 43 of the former Road Traffic Act (amended by Act No. 16037);
1. Commercial concurrence: Article 40 or 50 of the Criminal Act;
1. Selection of punishment: Each fine;
1. Concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act;
1. Detention in a workhouse: It shall be selected by a fine in consideration of the fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act has not been much serious damage and that it is an initial offender;
Among concurrent crimes, a fine is imposed on the injury resulting from heavy risk driving.