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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On June 3, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven BCA 110V motorcycle while under the influence of alcohol 00:03, the Defendant driven a blood alcohol concentration of 0.178%, and proceeded with the view to viewing distance from the view view distance to the view view distance.
Since there is an intersection where signal lights are installed, there was a duty of care for a person engaged in driving of a motorcycle to drive safely in accordance with the signals.
Nevertheless, the Defendant neglected this and followed the part of the front part of the victim D (the 59-year-old) driving of the victim D(the 59-year-old taxi) who proceeded with the said intersection by neglecting the signal and neglecting it to the right side of the motor bicycle.
As a result, the Defendant driven a motorcycle in a state where normal driving is difficult due to influence of drinking, and suffered the victim’s chills, tensions, etc. in need of medical treatment for about two weeks.
2. The Defendant violated the Road Traffic Act (driving) driven a BCA 1105 motorcycle under the influence of alcohol with a blood alcohol concentration of 0.178% at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. The actual condition survey report;
1. Report on the state of his/her oral statement, investigation report, and written appraisal of blood alcohol;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (amended by Act No. 15981, Dec. 18, 201);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;