교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for a term of one year and two 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
[criminal power] On December 24, 2009, the defendant was issued a summary order of 1.5 million won by the Gwangju District Court for a crime of violation of the Road Traffic Act.
【Criminal Facts】
The Defendant is a person engaging in driving a rocketing car.
On November 29, 2019, the defendant driving the above vehicle at around 20:30 on November 29, 2019, led to the progress of the front road of Gwangju Nam-gu C from the room of the deaf-gu square to the white-ro screen.
In this case, since there were many vehicles driving around the roadway and people waiting for signal, there were duty of care to prevent accidents by accurately manipulating the front, rear and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the driver of the vehicle.
Nevertheless, the Defendant neglected this and caused the part of the body part of the victim D (the age of 44) who was waiting for a signal at the direction of vehicle operation by driving a vehicle without keeping the left and right while under the influence of 0.101% of alcohol content, and caused the Defendant’s vehicle to shock the body part of the victim D(the age of 44) who was waiting for a signal at that place.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements prepared in D;
1. A traffic accident report;
1. The circumstantial statement of the employee;
1. A medical certificate;
1. Previous conviction: Application of a copy of summary order;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) 8 and 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.