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1. The sentence against the accused shall be seven million won;
2. The defendant does not pay the above fine.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of a low-pollution vehicle B.
On June 25, 2016, the Defendant driven the above vehicle at around 01:12, while driving the vehicle, and led him/her to proceed from the permanent residence to the pento-dong distance of 0.128% under the influence of alcohol level 0.128% in blood.
Since there is a place in which traffic is controlled by signal apparatus, there was a duty of care for a person engaged in driving service to drive safely according to the vehicle's passage signals.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle even though it was a stop signal, and the victim D(62) was driven by the negligence, and received the front part of the rocketing taxi vehicle, which was driven by the victim D(62).
Ultimately, the Defendant suffered, by negligence, injury to the said D, such as brain dead in two open fields, which requires approximately two weeks of medical treatment, and injury to the victim F (32) who boarded the said taxi on board the said taxi due to approximately two weeks of medical treatment, such as salt dynas, tension, etc., respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Written statements related to D traffic accidents;
1. A report on the occurrence of a traffic accident, a report on the actual condition, a survey report on the scene of a traffic accident, a field photograph, a report on the results of the control of drinking driving, a report on the situation of a driver who takes driving, a detailed inquiry, and
1. Application of each investigation report (Attachment of a victim's D diagnosis certificate, and attachment of a victim's F diagnosis certificate) and statutes on attached data;
1. Facts constituting an offense: Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);
1. Selection of each alternative fine for punishment;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.