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Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. Around 04:55 on May 17, 2020, the Defendant driven a CMW car under the influence of alcohol content 0.151% at the section of about 20km from the public parking lot B in Yongsan-gu Seoul to the front of the 230 viewing distance as Gu citizens during Ansan-si from the public parking lot B in Yongsan-gu, Seoul.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving CMW automobiles
The Defendant, while under the influence of alcohol content 0.151% at the time and time as stated in paragraph (1), was driven by the said car while normal driving is difficult, was driving the said car along the same three-lanes as the citizens of the Gu during the safe-time period along the road in front of the 230 viewing distance as the citizens of the Gu.
In such a case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by accurately operating the steering gear and steering gear.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving without examining the front section properly, and was driven by the victim D(Nam, 37 years old) who stops in the same lane from the front section of the same lane to the signal signal, as the front part of the Defendant’s car.
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Report on traffic accident, and report on the circumstances of the driver;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 (1) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act,