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 became final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving a K5-car.
At around 15:30 on November 8, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.180%, and driven the road of five-lanes in front of the Daegu Western-gu C along the direction of the erode distance, along three-lanes in the direction of the erode distance.
The defendant was followed by the victim D (the age of 28) Echip car driving in the same direction, and therefore, the person engaged in driving service had a duty of care to secure and proceed with the safety distance that can be avoided when the vehicle stops.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not properly conduct the front-time, and was found to have received the back-hand part of the victim's Do driving which was stopped pursuant to the stop signals due to the negligence of driving as it was.
Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as salt, tensions, etc. of the other parts of the hand that need to be treated for about two weeks, and the injury to the victim F (27 years of age) and G (26 years of age) that requires approximately two-day medical treatment.
Summary of Evidence
1. Application of Acts and subordinate statutes to the police's protocol of statement made by the defendant D on the legal statement of the defendant, written investigation report on the actual condition of the driver, written investigation (as a result of the appraisal, any inquiry into the fact of crackdown on drinking driving, and the results of the examination;
1. Relevant Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);
1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents;