Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On September 8, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.183% with blood alcohol concentration around 06:50 on September 8, 2013, and driven the road of 119 roads, Gangnam-gu Seoul Metropolitan Government Cheonggu-dong, Seoul, at the seat of the hospital of Korea, at a non-speed speed of one-lane between the three-lane and the two-lanes, and made a left-hand turn.

At the same time, there was an intersection where signal lights are installed, so in such a case, there was a duty of care to keep the signal well to the person engaged in driving of the motor vehicle, while not driving the motor vehicle in a situation where normal driving is difficult due to influence of drinking.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (the aged 48) who was driven by the Defendant on the right-hand side of the running direction due to the negligence by entering the intersection in contravention of the signal, and was driven by the victim C (the aged 48) on the right-hand side of the motor vehicle driving by the Defendant.

Ultimately, the Defendant, as seen above, caused the victim by negligence in the course of business who drives a motor vehicle while normal driving of the motor vehicle is difficult due to drinking, to suffer brain-dead treatment that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. A medical certificate;

1. Application of each Act and subordinate statutes governing vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act: Selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so ordered as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.