교통사고처리특례법위반등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around May 22, 2016, the Defendant violated the Road Traffic Act (drinking) driven a C-cracking car under the influence of alcohol leveling 0.10% from the section of approximately 12km from the 12km road located in the Dong-ro, Guro-gu, Seoul to the front road of the Seocheon-gu, Seocheon-si.
2. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a C-Korean cruise car.
On May 2, 2016, the Defendant driven the said car under the influence of alcohol, as described in paragraph 1 of around 04:10 on May 2, 2016, and driven the road of one-lane B in front of Seocheon-gu, Seocheon-gu, Seocheon-si, with the extreme apartment from the south side of the river.
A driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the operation and steering gear of the motor vehicle.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving while driving a stroke, received the back of the left-hand panion of the Defendant’s right-hand panion of the victim D(44 ) who was under the influence of driving due to negligence, and received the front-hand panion of the Defendant.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately three weeks of treatment due to occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made in the police statement protocol with D;
1. Statement of the circumstances of driving at home and the actual condition survey report, respectively;
1. Application of Acts and subordinate statutes stated in a written diagnosis;
1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Article 3 (1) and the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 2 (proviso) 8 of the Criminal Act, Article 268 of the Criminal Act (the choice of imprisonment without prison labor) concerning criminal facts;
1. The former part of Article 37 of the Aggravation of Concurrent Crimes Act, Articles 38(1)2 and 38(2) and 50 of the Aggravation of Concurrent Crimes shall be punished by imprisonment with prison labor within the scope of the sum of the long-term punishments of two crimes, but the lower limit of the punishment shall be.