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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. Around October 12, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) driven the C-learning car at a section equivalent to about 1k distance from the member-gu B to the same art university in Ansan-si, a Gyeonggi-si, while under the influence of alcohol at 0.096% of the blood alcohol level on October 12, 2019.
2. The Defendant is a person engaging in driving a vehicle as above.
The Defendant, while drinking, was driving in a straight line according to the two-lane road in the same time and place as above.
Since there is an intersection where a signal, etc. is installed, there was a duty of care for a person engaged in driving of a motor vehicle to drive the motor vehicle safely according to good faith.
Nevertheless, as long as the vehicle driving signal has been changed to a stop signal, it violated the signal and has been driven as it is, due to negligence, and has followed the front side of the victim D(38 years of age, South)'s Estyna car volume and the side behind the right side of the defendant's vehicle, which was driven under the new code on the right side of the proceeding.
Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Notification and recording of the results of the drinking driving control, report on the situation of a drinking driver, vehicle photograph, box file image files, and application of the Acts and subordinate statutes to photographs;
1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines for each crime;
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. The order of provisional payment;