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. The Defendant is a person who is engaged in driving a vehicle in the CMF5 vehicle.
On January 18, 2017, the Defendant continued to run a road of 91-ro, Western village, which is located in Seo-ro 91, Seo-ro, Seog-ro, Sindle on January 18, 2017, from three-lanes of winding at three-lanes.
Since there is no distinction between the sidewalk and the roadway, and it is a place where pedestrians are expected to pass by connecting with natural village, the driver of the motor vehicle has the duty of care to prevent accidents in advance by accurately manipulating the steering direction and the steering direction and accurately manipulating the steering gear of the motor vehicle.
Nevertheless, the Defendant neglected to do so, while driving a vehicle while under the influence of 0.09% alcohol level, and was negligent in driving the vehicle at the right side of the victim D (W, 73 years old) who walked on the right side of the running direction of the Defendant vehicle, received the left side side side of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury, such as drillings, both sides, and extreme flags, which require approximately 12 weeks of treatment by occupational negligence as above, to the victim.
2. On January 18, 2017, the Defendant driven CM5 vehicles under the influence of alcohol content of about 0.09% at a section of about 500 meters from the 50-meter alcohol level to the front road of the Ma-dong, which is located in the death log, in the case of a drinking water at around 21:55 on January 18, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. The scene of the traffic accident and photographs of evidence;
1. Field map of a traffic accident;
1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;
1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts; Article 268 of the Criminal Act; Article 148-2(2)3 of the Road Traffic Act; and Article 44(1) of the Road Traffic Act (elective of imprisonment with prison labor).