교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for not less than five 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of B rocketing sirens.
On December 19, 2017, while under the influence of alcohol 00:40% during blood, the Defendant driven the said car and driven it at a speed of about 110km per hour, depending on two lanes from the IC where the point at which the parallel line 293km is located in Pyeongtaek-si Eup/Myeon located in Pyeongtaek-si Office.
At night, it was an expressway with a lot of vehicle traffic. Therefore, the driver of the motor vehicle has a duty of care to maintain the safety distance between the motor vehicles and to thoroughly operate the brake system and prevent the accident in advance.
Nevertheless, when the defendant's negligence while neglecting it as mentioned above while driving on the two-lanes of the above expressway, the defendant's back part of the victim's fright-learning car driven in the same direction as the defendant's car was driven by the victim C(Y, 60 years old) as the front part of the defendant's car.
Ultimately, the Defendant suffered injury, such as cageage and cage cages, etc., from the victim’s occupational negligence in need of treatment for about three weeks.
2. On December 19, 2017, the Defendant: (a) driven a B rocketing car under the influence of alcohol content of about 0.055% from the 20km section to the 293km point at the west Coastal Highway located in Pyeongtaek-si Eup located in Pyeongtaek-si, Eup located in the direction of the direction of 00:40 on December 19, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 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 point of causing bodily injury caused by occupational negligence, the choice of imprisonment without prison labor), and Road Traffic Act.