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Defendant shall be punished by a fine not exceeding seven million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a first car in B.
On October 25, 2016, the Defendant driven the said car under the influence of alcohol level of 0.152% among blood transfusions on October 25, 2016, and driven the two-lane road in front of the Sungsan Elementary School, which is located in the 43rd as the sex of Osan City, along the two-lane road from the middle distance to the middle distance.
At that time, since D Poter freight cars driven by the victim C(61) in front of the defendant's moving direction were stopped in the signal atmosphere, the driver of the vehicle had a duty of care to prevent the accident by properly manipulating the front door and operating the brake and steering gear accurately.
Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as catum salt, which requires a two-day medical treatment, and suffered injury to the victim E (the 55 years old) who is the passenger of the said freight vehicle, for about two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum amount of the above two crimes: Provided, That the lowest limit shall be the punishment determined for a violation of road traffic Acts (driving), and such punishment shall apply thereto);
1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act (the scope of recommendations) of the Criminal Act, which shall not apply to the selection of fines and sentencing guidelines.
[Determination of sentence] The defendant is against the defendant, the victim's injury is not much serious.