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Defendant shall be punished by a fine of KRW 9,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving the CM7's car.
1. On January 5, 2016, at around 22:05, the Defendant driven the said car under the influence of alcohol content of 0.224% in blood on the roads near Gangnam-gu Seoul, Gangnam-gu, Seoul, and proceeded toward the direction of a school street from the surface of the Cheongdog distance.
In such cases, a person engaged in driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents in advance by safely driving the motor vehicle by living well in the traffic situation on the front side and right side.
Nevertheless, the Defendant neglected this and proceeded in the same lane by negligence while under the influence of alcohol and caused the collision with the part of the Defendant’s vehicle behind the “SM3” vehicle of the victim E(35 years, women) driving in the same lane.
In this sense, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered brain-dead sugars, etc. which require approximately three weeks of medical treatment to the victim E in the above occupational course and room, and suffered approximately two weeks of medical treatment to the victim G (31 years of age) who was on board the damaged motor vehicle.
2. The Defendant driven the said “SM7” car under the influence of alcohol concentration of approximately 0.224% from 200 meters from the scarcity in Gangnam-gu, Seoul to the point where the said accident occurred at the time of a day like the preceding paragraph.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident occurrence report;
1. Statement on the circumstances of the driver who is a driver in charge, a report on the measurement of drinking alcohol and a report on the detection of the driver in charge;
1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written diagnosis of a victim);
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);
1. Article 40 of the Criminal Act of the Commercial Competition.