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Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
1. 교통사고처리특례법위반 피고인은 번호판 없는 49cc 효성 랠리 오토바이를 운전하는 사람이다.
On July 19, 2014, at around 01:25, the Defendant driven a front road of Yongsan-gu Seoul Metropolitan Government, while under the influence of alcohol, and continued to drive the front road of Yongsan-gu at a ethic speed in the direction of the ethic calendar in the direction of the ethic calendar.
Since there is a big side road for people, a person engaged in driving of a vehicle has a duty of care to reduce the speed, properly see the steering side, and accurately manipulate the steering system, brake system, etc. to prevent accidents in advance.
Nevertheless, the Defendant neglected this and failed to properly operate the steering gear in the state of alcohol, which led to the Defendant’s fault before the front part of the victim D(34 years of age) who was walking ahead of the same direction.
Accordingly, the Defendant suffered approximately three weeks of medical treatment from the victim by occupational negligence as above.
2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to the measurement of drinking alcohol by inserting about 48 minutes a while under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol, drinking alcohol by drinking alcohol reduction, etc., from the police officers and one other police officer belonging to the G police box located in Yongsan-gu Seoul Metropolitan Government, at the time and place specified in paragraph (1) of this Article, and arrested him to a policeman dispatched to the scene, and by inserting him into the drinking measuring instrument five minutes during the period.
Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.
3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of the Oral Ba as set forth in paragraph (1), and the automobile which is not covered by mandatory insurance is not operated on the road, the date and time set forth in paragraph (1).