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 a period of 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 rocketing motor vehicle.
1. On December 16, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle under the influence of alcohol concentration of 0.076% among blood transfusions on December 16, 2017, and transferred the two-lane road front of the recognition middle school located in the radius of Busan Shipping Daegu Metropolitan City to the above salary grade elementary school from the side of the affiliation elementary school.
Since the place is divided into a roadway and a sidewalk, in such a case, a person engaged in driving duty has a duty of care to pass along the roadway.
Nevertheless, the defendant's negligence of entering the sidewalk while under the influence of alcohol and led to shocking the left side of the victim C (son, 62 years old) who was driving on the sidewalk to the right side of the driver's vehicle.
Defendant 1 suffered injury to the victim on the left-hand 1.4.5 occasions in need of approximately eight weeks of medical treatment due to such occupational negligence.
2. Defendant 1 driven the said vehicle under the influence of alcohol level of 0.076% from the blood alcohol level of about 20 kilometers from the parking lot to the front of the adjoining middle school located in the port of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of occurrence of traffic accidents prepared C;
1. Application of Acts and subordinate statutes to the report of a traffic accident, the report on the detection of the driver at home, the report on the circumstances of the driver at home, the investigation report (the circumstantial report of the driver at home), the closure of video images and the examination report;
1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2) 8 and 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment).