교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The defendant is a person who is engaged in driving service of Branchising cars in violation of the Special Act on the Settlement of Traffic Accidents.
On May 1, 2017, the Defendant driven the said car under the influence of alcohol content of 0.130% in blood around 01:05, while driving the said car, and led to three-lane roads adjacent to the DNA coffee shop in Kimcheon-si C, following three-lanes, in the direction of Kimcheon-si, the Defendant proceeds at an influence distance from the direct intersection in the direction of Kimcheon-si.
At the time of night, the driver had a duty of care to safely operate the steering system by accurately operating the steering gear and steering the steering gear.
Nevertheless, the Defendant neglected to do so and proceeded in the front section of the franchise-free car, followed the FK5 passenger car driving by the victim E(49 years old), which was driven in the front section of the franchise-free car, and received the part of the truck-free car as the front part.
Ultimately, the Defendant suffered, by negligence in the above business, the injury of T9 and T10 parts in need of approximately 8 weeks of treatment to the victim E, and the injury of the victim G (27 years of age) and the victim H (24 years of age) in need of approximately 2 weeks of treatment.
2. On May 1, 2017, the Defendant was under the influence of alcohol leveling 0.130% in a section of about 500 meters from the J-ju shop located in Kimcheon-si, Kimcheon-si to the roads adjacent to Derac shop located in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of E, G and H;
1. Inquiries into the circumstantial records of drivers of drinking alcohol and the results of regulating drinking alcohol driving;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the injury caused by occupational negligence) concerning criminal facts, Article 148-2(2)2 and Article 44 of the Road Traffic Act.