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Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaging in driving a car BMW320i.
On July 14, 2016, the Defendant driven the said car under the influence of alcohol content of 0.238% from blood transfusion around 01:20 on July 14, 2016, while driving the said car at the speed of 0.238%, the Defendant was proceeding at the speed of 40km from the direction of the public announcement of vision to the Sinscopic City.
However, the Defendant’s failure to drive normally due to influence of drinking, which was driven by a victim C, who violated and was in a direct manner due to the negligence of the Defendant’s failure to drive normally.
Dunst vehicle’s top top part was received as Defendant’s driver’s front part of the BMW car.
Defendant 1 suffered injury, such as the right sleep, to the right slick in need of approximately three weeks of treatment due to such occupational negligence.
2. On July 14, 2016, the Defendant driven the said BMW320i car from the 51 BMW320-i car in the section of approximately 1km from the 51 BMW 320-a car in the city of Heung-dong to the intersection of the Singu-dong two apartment streets from Sinung-dong in the state of drinking alcohol concentration of 0.238% among the blood transfusion around 01:20.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A traffic accident report;
1. Statement of the circumstances of the driver involved in driving;
1. Photographs of the vehicle;
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 (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime, and the selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The defendant is a person who is against the reason of sentencing of Article 334(1) of the Criminal Procedure Act, the primary offender, and the fact that the victim does not want punishment is bad.