교통사고처리특례법위반등
A defendant shall be punished by imprisonment for not less than eight 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
1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle of a passenger car between C.
On October 16, 2012, the Defendant driven the above car at around 18:20, and proceeded at a speed of about 68km from the southyang-gu, Cheongyang-gu, Chungcheongnamyang-do to the south side of the Cheongyang-gu.
At the time, it is night, and there is a one-lane road, so the defendant engaged in driving of the motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly holding the front-time.
Nevertheless, the Defendant, while under the influence of alcohol, found that the victim D (the age of 74) who was driven prior to being driven by the negligent negligence while driving, was late, and shocked down the front of the Defendant’s car after loading the horse.
As a result, the Defendant suffered from the above occupational negligence on the part of the victim D such as injury to the left-hand knee-fel-fel-felg-felg-felg in need of treatment for about six weeks, and on the part of the victim E (V, 71 years old) who is the passenger of the above fel-fel-felg in need of treatment for about five weeks.
2. The Defendant violated the Road Traffic Act (driving) at the same time and place as the foregoing 1.1. The Defendant driven a vehicle with the said lebrance while under the influence of alcohol with a blood alcohol concentration of 0.063%.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Statement made to D by the police;
1. E statements;
1. A report on the occurrence of a traffic accident, a actual condition survey report, and a photograph of the accident site;
1. Each written diagnosis;
1. Application of Acts and subordinate statutes to a report on detection of, and investigation into, a host driver (investigation into the application of the suspect's mark formula);
1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Law and the Selection of Punishment for Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (a point of sound driving);
1.Article 40 of the Criminal Code of Trade and Trade.