교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for not less than eight 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
On May 31, 2018, while under the influence of alcohol level of 00:40%, the Defendant driven a 3km-free car from the 2nd Do in front of the 2nd Do in Gwangju Northern-gu, Gwangju-gu, and led the Defendant to proceed into the KSS broadcast room of the KRS broadcast station on the expressway side according to the three-lanes of the 3nd Do in front of the 3rd Do in Gwangju-gu, Seo-gu, Gwangju-gu. On the other hand, the Defendant was negligent in neglecting the duty of due care to drive the 36th Do in a safe manner by properly operating the steering and steering system, and caused the victim C (36 years) by neglecting the duty of care to drive the 4th Do in front of the Do in front of the Do in question.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A photograph of each accident situation;
1. A medical certificate;
1. A written appraisal of alcohol during blood;
1. Investigative Report - Application of the applicable legislation of the FIE formula
1. Relevant legal provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) (the driving of alcohol, the choice of imprisonment), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the choice of imprisonment without prison labor) concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act [the punishment shall be imposed by imprisonment within the scope of the total sum of the maximum term of the punishments specified for each of the said crimes: Provided, That the minimum term of the punishment specified for any violation of the Road Traffic Act shall be applicable];
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents / [The type of general traffic accidents / [the person subject to special sentencing] - In the case of driving an aggravated element of mitigation - In the case of driving an aggravated element of alcohol, the basic area [the scope of the recommended sentence] [the scope of the recommended sentence] from April to one year [the person subject to general sentencing].