교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for one year.
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
The Defendant is a person engaging in driving a rocketing car.
On April 26, 2019, at around 08:40, the Defendant driven the said car with a blood alcohol concentration of 0.103% 0.10% and continued the front road in front of the members of Ansan-si, Ansan-si, with a view to maintaining the road in front of the members of Ansan-si, with a view to high-burging.
At all times, Esch Rexroth car driven by the victim D(52 years old) has changed the lane and has reduced the speed slowly according to the vehicle stop signal. Thus, the driver has a duty of care to accurately operate the steering system and operating the steering system and operating system and prevent accidents by driving it accurately and safely.
Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the brake system and received the back part of the Esch Rexroth car driven by the victim due to negligence and at the latest, as the front part of the car driven by the Defendant.
Ultimately, the Defendant suffered injury, such as salt, tension, etc., by occupational negligence, to the victim, for approximately two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A traffic accident report;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. A copy of a medical certificate;
1. Application of Acts and subordinate statutes on accident site photographs;
1. 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, Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Of concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the punishment heavier than that provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents (the punishment shall be aggravated to imprisonment with prison labor for concurrent crimes within the extent of adding a maximum term of two crimes as stated on the injury crime]