교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment 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 also a person who is engaged in driving a sports truck.
On March 22, 2017, while under the influence of alcohol content 0.07:10% from blood, the Defendant driven the above vehicles with approximately KRW 1.2km from the street of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, with a approximately KRW 1.2km from the street of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, with a approximately KRW 1.2km from the street of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the Defendant was running the intersection at the intersection in the direction of Hongcheon-gun, Hongcheon-gun.
Since there are no signals, a driver has a duty of care to prevent accidents in advance, such as reducing the speed prior to entering the intersection and confirming whether there is a vehicle entering the intersection by examining the left and right of the intersection.
Nevertheless, the Defendant neglected this, while driving the said vehicle while under the influence of alcohol, caused the injury of the victim E-driving’s laps and tensions that require approximately two weeks of treatment to the right side of the Defendant’s driving vehicle by taking out the part on the left side of the Defendant’s driving vehicle, which was going to cross the said vehicle from the Jin Apartment apartment room to the desired area.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. On-site survey reports, on-site photographs, and accident video CDs;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Application of Acts and subordinate statutes in a copy of a medical certificate (E);
1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of driving alcohol and the selection of imprisonment with prison labor);
1. former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(3), and 50 of the same Act (limited to imprisonment and imprisonment without prison labor deemed as punishment for the same kind and punished as imprisonment with prison labor, however, to the extent that the long-term punishment for each such crime is aggregated);
1. Article 62(1) of the Criminal Act (the following elements of sentencing are favorable to the defendant).