교통사고처리특례법위반(치상)등
1. The defendant shall be punished by imprisonment with prison labor for eight months;
2.Provided, That the above sentence shall be executed for a period of 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-to-car.
On September 25, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.139% around 20:30, while under the influence of alcohol, and driven the said car in accordance with two-lanes of the Office of Education in the vicinity of the flow of the shot (YY) in front of the police box of the 756 Changwon-si, Suwon-si, Suwon-si.
At this point, the underground and the right side road are combined, and the speed is 60 km at every hour, so the person engaged in the driving of motor vehicles has a duty of care to prevent accidents by keeping the front and the right and the right and the right at the restricted speed and driving.
Nevertheless, under the influence of alcohol, the Defendant neglected to operate a speed exceeding 50 km per hour while driving it over a speed exceeding a speed of 50 km, followed by the victim C(the age of 66) who was driving on the right side of the operation direction by the operation direction of the said car.
Accordingly, the Defendant suffered from the injury such as salt, tension, etc. in need of two weeks of treatment respectively to the above victim C and the victim E (V, 65 years of age) who is the above victim due to occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report on the actual condition of traffic accidents, notification of the control results of drinking driving, and report on the circumstantial statement of drinking drivers;
1. An accident site photograph;
1. Each written diagnosis;
1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;
1. Article 3 (1), Article 3 (2) (proviso) 3 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving a sound driving);
1. On January 1, 201, Articles 40 and 50 of the Criminal Act (the punishment imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents among the Crimes in the Act on Special Cases concerning the Settlement of Traffic Accidents).