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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) Defendant A is a person engaged in driving service of BMF5 passenger cars;
On 04. 09. 23:45, the Defendant driven the above vehicle under the influence of alcohol with 0.1% of blood alcohol concentration on 0.0% on 04. 09. 23:45, and continued to drive the vehicle under the influence of alcohol at the speed of speed from the side of the road in front C in Ansando to the speed of speed in the speed of speed.
The place is where the center line with yellow solid lines is installed, and in this case, drivers of all vehicles and riders of horses have the duty of care to pass along the center side of the road.
Nevertheless, due to the negligence in a sudden progress, the victim D(57 years old, n) who was in the signal atmosphere in the direction-based internship zone in the defendant's proceeding was placed in front of the driver's seat in the Esch Rexton SUV car driving in the above SM5 vehicle volume.
Ultimately, the Defendant suffered from the injury of the victim and the passenger F (the 15-year old, the 15-year old, and the female) by their respective negligence, such as the “influoral salt,” which requires two-day medical treatment.
2. The Defendant was under the influence of alcohol concentration of 0.1% as set forth in paragraph (1) of the Road Traffic Act, and driving 2 km from the above SM5 car volume to the front road of C at the time of a showing in the city.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. The actual survey report on traffic accidents;
1. The circumstantial statement of a drinking driver, report on the control of drinking driving, and output;
1. Each written diagnosis;
1. Application of statutes on site photographs;
1. Article 3 (1), the proviso to Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the scope of the sum total of the amounts under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;