교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) shall be the person who is engaged in driving car B;
On October 6, 2019, the Defendant driven the foregoing vehicle under the influence of alcohol of 0.090% in blood alcohol concentration of 0.090%, and continued to turn to the left from C to D in the direction of the road near the East Gaba-ro 69, Military C.
Since there is a road near an intersection where a signal apparatus is installed, in such a case, the driver of the motor vehicle has a duty of care to observe the signal and to safely operate the steering gear and brakes by accurately operating them.
Nevertheless, the defendant neglected this and proceeded to the left turn at the right edge of the intersection in violation of the signal, and received the front part of the motor vehicle from the victim E (the 47-year-old) driving in front of the above motor vehicle in front of the defendant's running direction from the opposite part of the defendant's running direction.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.
2. The Defendant was driving the said car under the influence of alcohol with the blood alcohol concentration of 0.090% at the time and place specified in paragraph (1) of the Road Traffic Act.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. The circumstantial statement of the employee;
1. Notification of the result of crackdown on drinking driving;
1. A medical certificate;
1. Application of Acts and subordinate statutes on accident site and photographs of accident vehicles;
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, Article 148-2 (3) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 of the Criminal Act for discretionary mitigation.