교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 18, 2019, the Defendant, while under the influence of alcohol at 07:45% of blood alcohol level, was driving B camb, and was negligent in operating the steering gear and operation of the steering gear as well as operating the steering gear and brake system in a cambling manner while changing the lane from the D University bank to the E University bank, resulting in the Defendant’s negligence in failing to operate the steering gear and operation of the steering gear and operating the steering gear and steering system in a way that he was faced with the right side of the said cambing truck, resulting in the Defendant’s damage, such as cambal dump, dump, tension, etc. in need of approximately two weeks of treatment to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
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, and Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereafter the same shall apply from June 25, 2019);
1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a sentence of imprisonment without prison labor shall be imposed, and as to the crime of violation of the Road Traffic Act, a sentence of imprisonment shall be imposed;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the punishment shall be imposed by imprisonment with prison labor, on the basis of concurrent crimes as provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents in the Judgment with heavier punishment within the scope of the sum of the maximum term of punishment prescribed for these crimes];
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. The range of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [the category 1] causing traffic accidents (the special person in a form of punishment] - the mitigation element: Insignificant injuries.