Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a person who is engaged in driving a ASEAN car.

On September 10, 2019, the Defendant, while under the influence of alcohol 0.152% on blood alcohol level at around 19:20 on September 10, 2019, was unable to drive the said car normally, but the Defendant was driving the said car at a non-speed level, leading to the three intersections in the potterdo, depending on the three-lanes of the D Center located in Yeonsu-gu Incheon Metropolitan City C, at the front of the D Center located in Yeonsu-gu, Incheon.

그런데 당시 피고인은 피해자 E(30세) 운전의 F 팰리세이드 승용차를 뒤따라가게 되었으므로 운전업무에 종사하는 자에게는 적정거리를 유지하고 전방을 잘 살펴 안전하게 운행하여야 할 업무상 주의의무가 있었다.

Nevertheless, the Defendant failed to perform such duty of care and did not avoid driving ahead of the victim E-driving vehicle with a propelled vehicle driving ahead of the vehicle with a traffic congestion, and the Defendant was behind the propelled vehicle driving by the victim E with a propelled vehicle driving ahead of the vehicle operated by the Defendant.

Ultimately, while driving a car in a state where normal driving is difficult due to influence of alcohol, the Defendant suffered from the victim G (the 27 years of age), who is the Dong passenger of the victim E and the damaged vehicle, for about 8 days, the “infection and tension,” etc., respectively, and suffered injury by the victim H (the 1 year of age), who is the Dong passenger of the victimized vehicle, for about 1-day mental diagnosis and treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Each statement of opinion, each medical certificate, and each certificate of release on admission;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-11 (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (3) 2 and Article 44 of the Road Traffic Act concerning the crime.