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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. The defendant is engaged in driving a dump truck;
On March 28, 2016, the Defendant driven the above vehicle while under the influence of alcohol of 0.186% in blood alcohol concentration at around 03:00, and proceeded along the two lanes between the two lanes in the direction of Cheonggu-ro, Gwangjin-gu, Seoul and the two lanes in the direction of Cheonggu-gu, Seoul.
In this case, a person engaged in driving service of a motor vehicle has a duty of care to give an advance notice of change of course by operating direction direction, etc., and to change course by properly examining the traffic conditions of the front and rear left-hand.
Nevertheless, the defendant neglected this and caused the negligence of changing the course from a two-lane to a one-lane, and the victim C(34 years of age, South) who proceeded with one-lane in the same direction as the other, conflict with the front part of the vehicle of the defendant, following the right side of the D freight driven by C(34 years of age, South).
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as dump dump, tension, etc. for about two weeks.
2. The Defendant was driving a B dump truck under the influence of alcohol concentration of about 0.186% at the five kilometers from the front of the monthly bomb in Seoul Special Metropolitan City, Nowon-gu to the place where the said accident occurred on a temporary basis, such as the above 1.1.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. C’s statement;
1. A traffic accident report, a report on the state of his/her standing and statement, and a report on the state of his/her driver;
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 as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.