교통사고처리특례법위반등
A defendant shall be punished by imprisonment for not more than ten 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
1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a C-A-hurd motor vehicle.
On March 5, 2015, the Defendant, while under the influence of alcohol around 02:22, 0.071% of blood alcohol level, was driven by the Defendant, at the speed of about 115 km from the two parallels to the two parallels of roads in front of the company bank located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.
At the time, a crosswalk is installed at night and at the front, so in such cases, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as making a person engaged in driving the motor vehicle well, observing the speed limit, and accurately manipulating the steering gear, brake system, etc. of the motor vehicle.
Nevertheless, the Defendant neglected this and went beyond the victim D (77 years old) who was a fright side of the said car with the negligence of driving the breath while under the influence of alcohol, on the front side of the said car.
Ultimately, around March 5, 2015, the Defendant caused the death of the victim due to the climatic damage at the Yacheon-do Hospital at the Yacheon-do University on March 5, 2015.
2. On March 5, 2015, the Defendant was under the influence of alcohol 0.071% on blood alcohol level on March 5, 2015, the Defendant driving a vehicle of approximately 4 km from the west-gu, Seo-gu, Seocheon-si to the front roads of the company bank located in the Yannam-gu, Chungcheongnam-do.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding E;
1. Entry of the traffic accident report, actual condition survey report, employment report on an employment-free driver, and the report on the actual condition of an employment-free driver;
1. Statement of a written diagnosis of death;
1. Images of each photograph;
1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Criminal Act;