교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for four 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
The defendant is a person who is engaged in driving C or a car.
1. On June 2, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol concentration of 0.068% among blood transfusions, and led the Defendant to drive the said car along the two-lanes on the front side of the “National Bank,” located in Seocheon-dong, Busan, Seocheon-dong.
Since there is a signal, in such a case, the driver of the vehicle has a duty of care to live well the right and the right of the driver of the vehicle and to drive the vehicle safely in accordance with the new code.
Nevertheless, the Defendant neglected this and neglected to stop the vehicle driving signal, and caused the victim D (29) crossing the vehicle from the right side of the Defendant's running direction to the left side by the negligence of violating and proceeding it.
Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence on the part of the right side, which requires treatment for about seven weeks.
2. On the same day as Paragraph 1, the Defendant driven the said vehicle under the influence of alcohol level of approximately 0.068% from the front side of the “Yari” located in the Seocheon-dong, Busan, Seocheon-dong, to the front side of the “National Bank,” located in the same Gu Seocheon-dong, Seocheon-do.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement on the occurrence of a D traffic accident;
1. A traffic accident report, an accident scene photograph, an accident vehicle photograph, a black stuff, and a CD;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)1 and 8 of the Act on Special Cases Concerning the Selection of Punishment for Criminal Crimes, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Article 148-2(2) of the Road Traffic Act.