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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving of B-learning automobiles.
On September 13, 2015, the Defendant driven the above vehicle at around 00:23, while driving 0.139% of blood alcohol concentration, and led to driving a vehicle parked on the road in front of the D value in Daegu Jung-gu C.
Inasmuch as there was a person who intends to get a taxi at the rear of the same direction, a person engaged in driving service has a duty of care to accurately operate the steering gear, brakes and other devices of the vehicle and to safely drive the vehicle according to the road traffic situation and the structure and performance of the vehicle and prevent the traffic accident.
Nevertheless, under the influence of alcohol, the Defendant caused a traffic accident under which the victim E (the age of 38) who was a pedestrian who was trying to take a taxi behind the above vehicle by negligence of the Defendant who neglected his duty of care in the aftermath of the vehicle.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires two weeks of treatment, such as salt panion.
2. Around 00:23 September 13, 2015, the Defendant violated the Road Traffic Act (driving a sound driving) driving: D values in Daegu Jung-gu C with a blood alcohol concentration of 0.139%; and (b) driving B-learning car volume in front of the street while under the influence of alcohol concentration of 0.139%.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the occurrence of E traffic accident;
1. A written diagnosis of E;
1. A written appraisal of blood alcohol;
1. Application of Acts and subordinate statutes to a traffic accident report, field map of a traffic accident, and actual yellow survey report;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of fines;
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;