교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 30, 2013, the Defendant was issued a summary order of KRW 3 million for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of Road Traffic Act in the early branch of the Chuncheon District Court on October 30, 2013.
The Defendant is engaged in driving of the 4-wheeled Cargo Vehicle B and III.
On June 3, 2017, the Defendant driven the above vehicle while under the influence of alcohol content of 0.148% from blood transfusions on June 3, 2017, and came to the intersection of the water rupture in front of the water rupture 227 at the beginning of the Sinsi-ro.
In such a case, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident by driving it safely when it comes to the course of the vehicle when there is a vehicle in the intersection by taking the right side and the right side and the right side of the vehicle.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving by negligence while driving the said intersection by the victim C (A, 51 years old) who was entering the said intersection and was proceeding with the said intersection.
D The back portion of the vehicle's right side was shocked to the right side of the defendant.
Ultimately, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment, due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement prepared and made by the police for C;
1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a survey report on actual condition, a traffic accident-related photograph, a alcohol appraisal report on blood, and 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 Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Order to attend lectures under the Criminal Act;