교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On July 16, 2017, the Defendant was under the influence of alcohol concentration of about 0.076% from the 70-meter section of the blood alcohol level to the 1st place located in the Sinsan-dong, Seosan-gu, Seogdong-gu, Seosan-gu, Sinsan-do at a high speed of around 18:40 on July 16, 2017, the Defendant driven a B-learning car under the influence of alcohol concentration of about 70 meters from the 700-meter section to the front road of the Sinsan-gu.
2. The defendant, who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving service of the above-learning passenger car.
At the time of the day set forth in paragraph 1, the Defendant driven the above-learning passenger car while under the influence of alcohol as above, and was driving the road front of the exit-gu No. 1 in the above Jungsan Station, and continued to run the road at the bottom of the department store on the side of the department store.
Since the location is where signal lights and crosswalks are installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front and rear side, the brake system, etc., and driving the motor vehicle safely in accordance with the new code.
Nevertheless, the Defendant neglected to stop as it was due to negligence, and was employed by the victim C(36) driver who was under the stop pursuant to the suspension sub-paragraph (36) as the Defendant’s front driver for the Defendant’s car.
Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt dynasium and tensions that require approximately two weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A medical certificate;
1. The application of Acts and subordinate statutes to a response to a request for appraisal, a report on detection of a primary driver, and a report on traffic history;
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of causing occupational negligence, the choice of imprisonment without prison labor), Articles 148-2(2)3 and 44(1) (the occupation of driving alcohol and the choice of imprisonment with prison labor) of the Road Traffic Act;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and 38(2) of the Criminal Code, which aggravated concurrent crimes.