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 becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a BM7 car.
1. On May 18, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said car under the influence of alcohol level of 0.152% at around 21:40 on May 18, 202 and proceeded to turn to the left at the left from DNA to E-face.
At the time, it was at night, and there was a section of the intersection, so there was a duty of care to prevent accidents by accurately manipulating the front door and the left and the right of the vehicle driver prior to the entry into the intersection, and by safely operating the steering direction and the brake system.
Nevertheless, the Defendant neglected this and got off the part of the part of the victim F (ma, 57 years old), which was the victim F (ma, 57 years old), who was in the vicinity of the intersection due to negligence while under the influence of alcohol.
Ultimately, the Defendant suffered injury to the victim, such as elbows, which requires approximately three weeks of treatment due to such occupational negligence.
2. The Defendant violated the Road Traffic Act (driving) driving the said SM7 vehicle under the influence of alcohol by 0.152% in the section of about 50 meters of blood alcohol level from the H Kap in Kimcheon-si G at a temporary border, such as paragraph (1) to the roads in front of the same city, Kimcheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a medical certificate);
1. Article 3 (1) and the proviso to Article 3 (2) 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 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation Criminal Act;