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 with B salary-franchis.
On July 9, 2015, the Defendant driven the above cargo vehicle at around 13:20, while driving the blood alcohol concentration of 0.052%, and driving the two-lane road in front of the D Logistics Center in Incheon Seo-gu Incheon Metropolitan City along the two-lanes from the inspection team to Kimpo, and making a U-turn in order to proceed to the opposite line. In such a case, the Defendant had a duty of care to make a U-turn at the permissible point of practice.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and caused the Defendant to go beyond the road by being 125cc c. of the victim E(54 years old) driving on the left side of the said cargo vehicle due to the negligence of her fhering the central line and driving seat of the said cargo vehicle.
As a result, the Defendant suffered injury to the victim, such as the left-hand wing to the left-hand wing in need of treatment for about eight weeks due to such occupational negligence.
2. The Defendant was driving a vehicle under the influence of alcohol with a blood alcohol concentration of 0.052% at the time and place specified in the above paragraph (1) of the Road Traffic Act.
Summary of Evidence
1. Defendant's legal statement;
1. Part of the statement made by the prosecution against the defendant in the examination record of suspect;
1. A fact-finding survey report, a fact-finding statement of a master driver, and a report on detection of a master driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1), the proviso of Article 3 (2) and Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment) concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act.