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 this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a B knife vehicle.
On July 3, 2019, at around 15:35, the Defendant, while under the influence of alcohol, driven the above marcing vehicle with a blood alcohol concentration of 0.135%, had the front side of the entrance of the Ulsan Jung-gu C apartment run from the Da apartment, to C apartment from the front side of the D apartment.
On the road side, since the FFland car driven by E was stopped, there was a duty of care to prevent accidents by driving the driver of the vehicle after checking the front side and the left side and the right side of the vehicle and checking the career safety.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding without being negligent in doing so, and was led to the part adjacent to the right side of the motor vehicle driving by the Defendant, following the left side of the motor vehicle in the Ireland.
Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, injury to the victim G (seven years of age) who was on board the Car in the relevant Ireland for about two weeks, such as catum salt, etc. requiring treatment for about two weeks, and injury to the same victim H (seven years of age) such as salt, tension, etc. of the other parts as need to be treated for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A written statement of I and J;
1. Investigation report (the No. 17 of the evidence list);
1. A report on the occurrence of a traffic accident and a report on a traffic accident;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Notification of the result of crackdown on drinking driving;
1. Each written diagnosis;
1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;
1. Article 3 (1), the proviso of Article 3 (2) and Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);
1. Punishment;