교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person driving B car car.
On May 10, 2019, the Defendant driven the said car while under the influence of alcohol 0.163% of alcohol level around 19:50 on May 10, 2019, and led the D Bank front of the Gumi-si C to flow the same from the E-high school bank to the human dynamic acid.
In such cases, a driver of a motor vehicle has a duty of care to take care of the traffic on the front side and the right side and the right side, and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop at the front of the course of the collision, was able to take the back part of the victim FF (the age of 54) G 5 driver's G 1, which was parked at the front of the course of the collision into the front part of the Defendant driver's vehicle, and due to the shock, the said K5 driver's vehicle was pushed in the future, and the back part of the H 1 driver's I driver's vehicle was able to be the front part.
Ultimately, the Defendant suffered, by its occupational negligence, the injury to the said victim F, such as salt, tensions, etc. in need of a two-day medical treatment; the injury to the victim J(Y, 61 years old) who was on the top of the said K5 car operation; and the injury to the victim K (S) who was on the top of the said rash car operation for about three weeks of medical treatment; and the injury to the victim K (SP) who was on the top of the said rash car operation for about two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. The actual survey report and the accident site photograph;
1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;
1. Each written diagnosis;
1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;
1. Article applicable to criminal facts;
(a) Injury caused by occupational negligence: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;
B. Drinking driving: Article 148-2(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018).