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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is engaged in the driving of a vehicle BM5.
On January 2, 2016, the Defendant driven the said car under the influence of alcohol content of 0.124% in blood around 21:50, and led the Defendant to proceed one-lane of the two-lanes in front of the 100 military, Western High School in Sinung-si, Singu, Seoul, into the jurisdiction of Sinung Fire Station.
There is a duty of care to prevent entry into a one-way road, so a person engaged in driving service has a duty of care not to enter.
Nevertheless, the Defendant neglected to do so and neglected to proceed to the right side of the Defendant’s proceeding direction, and received the front front part of the victim C(62 years, south) driving DKan vehicle (the front part of the DKan vehicle) driving on the right side from the Defendant’s proceeding direction, as the front part of the Defendant’s driving for the above SM5 passengers.
Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, sustained injury such as salt, tension, etc. of the trend that requires two-day medical treatment to the victim by negligence in the course of performing the above duties.
2. The Defendant violated the Road Traffic Act (drinking driving) driven BM5 vehicles at the section of about 1 km from 30 Do in front of the above military and high schools at the king-ro, 0.124% alcohol level during the day-to-day alcohol level in the city-to-day 0.124%.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol against C and E;
1. A survey report on actual conditions, a traffic accident occurrence report, a statement on the circumstances of the driver at home, and a report on the detection of the driver at home;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Selection of Punishment, etc. for Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the Selection of fines, respectively;
1. The former part of Article 37 of the Criminal Code, and Article 38.