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
1. The defendant is a person who drives B-wing and 3 cargo vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;
On April 4, 2016, the Defendant driving the above cargo vehicle around 03:38, and driving the front road of the Incheon Cheongjin-gun, Incheon, into the surface of the Jeju Cheongdog Sea, from the Jak-gun, and led to the bend path to the right side.
At the time, it was difficult to secure the view at night, and at that time, the location was a sudden kib channel that is not controlled by traffic, and the defendant engaged in driving service had a duty of care to confirm and drive the road by reducing speed and road conditions.
Nevertheless, the Defendant, while under the influence of alcohol, failed to properly operate the steering gear and brakes properly, was negligent in leaving the honding road without bypassing the honding on the honding road. After receiving the honding road signs, the Defendant cut off the honding road into the left side of the direction of the running of the said road.
Ultimately, the Defendant suffered from a serious injury on the part of the victim D (the age of 23) who was on board the above cargo tank due to the above occupational negligence, such as a brush and scarf, which requires treatment for about 32 weeks.
2. The Defendant, while under the influence of alcohol 0.095% at the time and time set forth in paragraph (1) of the Road Traffic Act, driven the above cargo vehicle while under the influence of alcohol at a 0.095%, and proceeded with 1.5 km away from the main point of “the Potter-do” to the place set forth in paragraph (1) before the Potter-gun, Incheon pool-gun.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual condition survey report;
1. A report on detection of a de facto driver (blood collection result);
1. Requests for appraisal;
1. Application of Acts and subordinate statutes to opinions of doctors;
1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 of the Road Traffic Act.