교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
1. The defendant who violates the Act on Special Cases concerning the Settlement of Traffic Accidents shall drive frequently or frequently freight cars;
On September 2, 2017, around 03:20, the Defendant driven the above cargo vehicle from the side of Asan City to the zero along the two-lane road in front of the “D gas station” in Asan City. The Defendant driven the above cargo vehicle along the two-lane.
A driver of a motor vehicle has a duty of care to operate the brake system at an appropriate point so that he/she can not see the previous and the previous driving vehicle.
Nevertheless, under the influence of alcohol as described in Paragraph 2, the Defendant neglected to perform such a duty of care, and neglected to do so on the surface of the truck driver’s seat, and neglected to perform the duties of care on the part of the truck driver’s seat, and caused the negligence of excessively manipulating the speed system at the front of the Defendant’s proceeding, thereby driving FI (i) 24 years old) was driving in the front of the truck, and received the back part of the truck (i) 30 years old from the front of the truck.
In this accident, the victim suffered injuries, such as salt ties, tensions, etc., in need of approximately two weeks of treatment.
2. On September 2, 2017, the Defendant, while under the influence of alcohol 03:20% among blood transfusions, driven a vehicle B in the section B of about 6km from the place specified in paragraph (1) on the front of the “Do Neil cafeteria” located in the Asan-si in the Isan-si in the influence of alcohol leveling 0.15%.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and photographs of damaged vehicles;
1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to copies of diagnosis certificates;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Determination of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (driving of alcohol and Selection of imprisonment with prison labor) concerning criminal facts;
1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommended punishment].