도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
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
1. On February 8, 2015, the Defendant was under the influence of alcohol with a blood alcohol content of at least 0.280% from approximately 600 meters to the south cycle in front of the National Bank of New Month in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to the backside road of the air transport unit. On February 8, 2015, the Defendant driven Bsch Rexton car with a blood alcohol content of at least 0.280%.
2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a Bsch Rexton car.
On February 8, 2015, the Defendant driven the above vehicle under the influence of alcohol of 0.280% with blood alcohol concentration of 0.280%, and proceeded ahead of the warehouse fishing specialty store from the New ICT to the Kimpo Airport on the south-dong, Yangcheon-gu, Seoul, with three lanes in the direction of the new ICT, at a speed of about 60 km from the new ICT to the Kimpo Airport, and changed the course to four lanes.
When changing the vehicle line, the driver of the vehicle had a duty of care to operate the direction direction, give notice of the change of course, and make a change in the traffic situation of the front and rear left, while making a change in the vehicle line.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to change the course as it was, received the left-hand part of the victim C(67 years old) driving in the same direction from the victim C(67 years old) driving in the same direction as the front-hand part of the Defendant’s vehicle.
As a result, the Defendant suffered from the victim’s multiple scopic typology, which requires approximately three weeks of treatment, due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A traffic accident report;
1. A report on the actual state of the driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2) and 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.