교통사고처리특례법위반(치상)등
1. The defendant shall be punished by imprisonment with prison labor for six 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
1. The Defendant is a person who is engaged in driving a vehicle B B at the Pluri test.
On September 1, 2018, the Defendant proceeded at a speed below the two-lanes in the direction of the shot-si, Suwon-si, Suwon-si, 201, 381-gil 2, a two-lanes in the direction of the shot-si.
A person engaged in driving of a motor vehicle has a duty of care to safely drive a motor vehicle, such as taking a well-rounded side and left side of course, accurately manipulating steering gear, etc. in line with the structure of the road and the performance of the motor vehicle.
Nevertheless, the Defendant, while neglecting this, was negligent in driving a brealy while driving the breath, was driven by the victim C(40 tax) who was under the influence of the signal waiting, with the front part of the Defendant’s car.
Ultimately, the Defendant suffered from the injury of spine gift in need of approximately two weeks of medical treatment due to the above occupational negligence.
2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant under the influence of alcohol 0.071% of alcohol while under the influence of alcohol on the part of approximately 2K meters of alcohol at the same time from the roads near Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the roads located in 381-gil 2 of the same time-based World Cup 381.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A survey report on actual conditions, a traffic accident occurrence report, a notification on the results of crackdown on drinking driving, and a statement on the situation of the driver placed at drinking;
1. On-site photographs;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2), and Article 50 of the Criminal Act for the aggravation of concurrent crimes.