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
On February 21, 2019, while under the influence of 04:50% of blood alcohol level, the Defendant driven a Bomb habCC car at 0.161% and continued to drive it on the side of the beginning area along the two-lanes of the underground level in front of the mountain basin located in 451 as the center of the constituent district in Ansan-si. However, even though there was a duty of care to safely drive the front side, it was negligent in driving the c (56 years old, south) while neglecting the duty of care to safely drive the car, and thereby, caused the Defendant’s injury, such as cump and tension, etc., of the cump and tension, and the victim E (the victim is 51 years old, 51 years old, and fump) who took advantage of the said cargo, thereby causing the Defendant’s injury to each of the following:
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C and E;
1. An accident-related photograph;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act concerning criminal facts;
1. The provisions of Articles 40 and 50 of the Criminal Act (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents).
1. Selection of imprisonment with prison labor and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the crime of violation of the Road Traffic Act in the choice of punishment;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the punishment shall be imposed by imprisonment within the scope of the sum of the long-term punishments as provided for in each of the above crimes: Provided, That the short-term punishment as provided for in the Road Traffic Act shall be the lowest limit
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 (1) of the Criminal Act, and probation;