교통사고처리특례법위반등
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 becomes final and conclusive.
Punishment of the crime
On January 14, 2014, at around 00:35, the Defendant, who is engaged in driving B rocketing and another car, driven the said car with the blood alcohol concentration of 0.10%, and continued to drive it from the home-plug to the inner dam, while under the influence of alcohol level of 0.10%.
At the time, there are nights and crosswalks installed. In such a case, the driver is required to verify whether there is a person driving the vehicle, and even if there was a duty of care to safely drive the road, the Defendant neglected it while under the influence of alcohol and neglected it, thereby making the victim C (n, 43 years old) who was a driver of the vehicle go beyond the floor by taking the victim C (n, 43 years old) who was driving the road along the crosswalk as the front part of the vehicle.
As a result, the Defendant suffered injury to the victim, such as Dam tymal tymposis, which requires treatment for about three weeks due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to reports on proper launch of drivers and survey report on actual conditions;
1. Article 3 (1), the proviso to Article 3 (2) 6, and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the occupation of a person injured by occupational negligence, the choice of imprisonment without prison labor, and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);
1. The reason for sentencing of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service [Scope of Recommendation] In the case where illegality in the proviso of Article 3(2) of the Order of Special Education Act is serious [the decision of sentence], the defendant caused a traffic accident due to drunk driving, and the victim is the victim.