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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant is engaged in driving a vehicle BM5 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).
On September 15, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.126% among the blood transfusion around 22:24, while driving the vehicle, and driving it into one elementary school from the KT side according to the two-lane roads in front of the 453-lane library in Gangnam-si, Gangnam-si.
Now, there is a duty of care to check whether a person engaged in driving a motor vehicle has a motor vehicle driving a U-turn at a place where a U-turn is permitted, and to check whether there is a motor vehicle driving a U.S. where a U.S. driver has a duty of care to prevent the accident in advance.
Nevertheless, under the influence of alcohol, the Defendant was negligent in making a U-turn at a place where a U-turn is not permitted, and the Defendant was driven by the victim C (23 tax) who was driving in the first lane by the Defendant, as well as the left-hand fences of the car driving by the Defendant.
Accordingly, the Defendant suffered injury to the victim by occupational negligence, such as the so-called "fashion to the left-hand side" in need of approximately six weeks of treatment.
2. The Defendant violated the Road Traffic Act (drinking driving) driving a BM5 vehicle under the influence of alcohol leveling 0.126% from the 400-meter section to the place indicated in paragraph 1 on the side of the ridge located in the south-gu, Chungcheongnam-si, Chungcheongnam-si. The Defendant driven the BM5 vehicle at the influence of alcohol leveling from the 400-meter section.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a traffic accident report, a report on 112 reported case records, a report on the results of the control of drinking driving, a report on the situation of the driver in charge, an investigation report (report on the situation of the driver in charge), an on-site photograph of an accident
1. Article 3(1) and the proviso of Article 2(1)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Facts constituting an offense, and Article 268 of the Criminal Act (occupational).