교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment with prison labor 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 is a person who is engaged in driving service of passenger cars in the field B;
At around 21:00 on January 14, 2020, the Defendant came to turn to the left from the direction of the off-road terminal to the e-airport.
The driver of any motor vehicle who intends to turn to the left shall safely drive the motor vehicle along the center inside of the road, and in particular, he/she shall not drive the motor vehicle while under the influence of alcohol.
Nevertheless, the Defendant neglected such duty of care and neglected to turn to the left at a level equivalent to 4.67m of blood alcohol concentration of 0.137%, and neglected to turn to the left, followed by the negligence of the victim F (F, South and 51 years old) standing in the opposite direction of the vehicle driven by GWW car driving in the direction of the vehicle driven by the victim F (F, South and 51 years old).
As a result, the Defendant suffered from the Defendant’s occupational negligence such as salt, tension, and tensions of the YY, which require two-day medical treatment to the victim.
2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a B SP passenger car under the influence of alcohol concentration of 0.137% at a section equivalent to 2 km from the front road located in C at the same time on the roads in front of an influent drinking village in the city of SPacheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A medical certificate;
1. The application of Acts and subordinate statutes to a traffic accident report, accident site photograph, notification of the results of the drinking driving control, the circumstantial statement of a drinking driver, 11 copies of site photographs, and the investigation report (blocking analysis);
1. Article 3(1), the proviso of Article 3(2)2 and 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 concerning criminal facts.