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 K3 car.
On March 16, 2019, at around 04:11, the Defendant driven the said car while under the influence of alcohol of 0.11%, and continued to drive the said car at a distance of about 30km from the opposite side to the Gambling Residents' Center.
At the time, there are nights and where the red signal is installed, so in such cases, the driver of the vehicle has a duty of care to temporarily stop the vehicle before entering the intersection and check whether the vehicle is proceeding in another direction, and to safely drive the vehicle and prevent the accident in advance.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent and proceeded without temporarily stop without temporarily suspending, was driven by the victim’s G K5-si driving (the age of 62) in the direction of the Defendant’s running from the right side of the horse to the left side of the said vehicle, in accordance with the yellow friing signals.
Ultimately, the Defendant by occupational negligence inflicted injury on the victim F in need of approximately seven weeks on the left-hand elel executives in need of medical treatment, and suffered injury to the victim H(23 years old) who was on board the said taxi, such as salt, tensions, etc. in need of medical treatment for about two weeks, and suffered injury to the victim I (3 years old), such as dump salt, tensions, etc. in need of medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F, H, and I;
1. On-site photographs and written diagnosis;
1. Application of Acts and subordinate statutes to reports on detection of drinking drivers, reports on the control of drinking driving, and reports on the circumstantial statements of drinking drivers;
1. Article 3(1), the proviso to Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the former Road Traffic Act, concerning facts constituting an offense. < Amended by Act No. 1551, Aug. 2