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 became final and conclusive.
Punishment of the crime
1. Around 17:10 on October 21, 2019, the Defendant driven a CNC125B motor bicycle under the influence of alcohol content 0.148%, while under the influence of alcohol, from the roads in front of the NFC 125B to the roads in front of the acceptance intersection located in the 21-200-2, both sides of the 21-2000 Yan-gun, Sinung-gun, Yan-gun.
2. The Defendant is a person who is engaged in driving a motor bicycle CNC125B license.
On October 21, 2019, the Defendant driven the above motorcycle on October 17:10, 2019, and proceeded ahead of the road of acceptance intersection 21-2 located in the territorial area of the Hydrological Dogsan-gun, Chungcheongnam-gun, Chungcheongnam-gun.
At this point, a traffic signal has been installed and a large number of unspecified vehicles pass, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system.
Nevertheless, the Defendant neglected to do so under the influence of alcohol, as described in Paragraph 1, and did not properly proceed to the front-time, while driving the victim D(W, 49 years old) in the front part of the above motorcycle, followed the right side of the E K3 car of the victim D(W, 49 years old) in the front of the signal.
As a result, the Defendant suffered injury to the victim, such as drillings requiring treatment for about two weeks due to the above occupational negligence, crypums, and tensions.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Reports on traffic accidents, survey reports on the actual condition of driving, notification on the results of the control of drinking driving, reports on the state of drinking drivers, reports on the accident site photographs, and application of Acts and subordinate statutes;
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act and Article 268 of the Road Traffic Act.