교통사고처리특례법위반등
Defendant shall be punished by a fine of five million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
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 B Poter freight vehicle.
On September 13, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.158% of alcohol concentration of blood on September 22 and 30, 2013, and driven the road of one lane in front of the village located in the port of the west-si, Young-do.
At the right edge of the front side of the time, victims C (27 years of age) and victims D (24 years of age) respectively get a bicycle, and thus, a person engaged in driving service has a duty of care to safely drive the bicycle by reducing speed and ensuring the safe distance between the front left and the victims, etc.
Nevertheless, under the influence of alcohol, the Defendant, while driving a vehicle as it is by negligence, shocked the part on the right side of the bicycle riding by the victim C with the rear side of the vehicle driving by the Defendant, and thereby, caused the victim D’s bicycle riding a bicycle from the side of the victim C to shock the victim’s bicycle with C’s bicycle.
Ultimately, the Defendant suffered approximately two weeks of medical treatment from the victims due to occupational negligence as above, such as salt, tension, etc.
2. The Defendant was driving the said cargo vehicle under the influence of alcohol by 0.158% from the 600-meter section from the road near the bridge located in the 1st of both ports at the Gyeongcheon-si, Chungcheongnam-do. In the above time and place, the Defendant was under the influence of alcohol at the 0.158%.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The actual condition survey report;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 3(1), proviso of 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 of the Road Traffic Act concerning criminal facts;