교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
Punishment of the crime
1. The Defendant is a person who is engaged in driving on board B or B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
On December 31, 2017, the Defendant driven the above car on December 31, 2017, and led D's front road located in Ulsan-gu C, Ulsan-gu, to go straight along the two-lanes from the Western distance to E.
At the time, since there was a vehicle and a person parked on the front door, there was a duty of care to prevent accidents by driving safely, such as thorough operation of the brake system, etc.
그럼에도 불구하고 피고인은 혈중알코올농도 0.116%의 술에 취한 상태에서 운전한 과실로 피고인의 차량 진행 방향 전방에 주차된 F 모하비 승용차의 왼쪽 뒷문 부분을 위 포터Ⅱ 승합차 앞 범퍼 부분으로 충격하였고, 그로 인하여 위 뒷문 부분이 튕기면서 위 모하비 승용차 왼쪽에 서있던 피해자 G(42세)을 충격하게 하였다.
Ultimately, the Defendant suffered injuries, such as cage cages and tensions, which require approximately two weeks of medical treatment from the victim due to the above occupational negligence.
2. Around 02:15 on December 31, 2017, the Defendant was driving a booming vehicle, as described in paragraph (1), while under the influence of alcohol at approximately 0.116% of the blood alcohol concentration at the section of the front road in Ulsan-gu, Ulsan-gu, the Defendant was under the influence of alcohol at approximately 1m.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Protocol of the police statement concerning G;
1. The actual condition survey report;
1. Report on actions and investigation report by an employee of an employer (report on the circumstances of an employee of an employer);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment) concerning criminal facts;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.