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 of the final judgment.
Punishment of the crime
1. Around 04:00 on May 17, 2013, the Defendant driven B K5 cars while under the influence of alcohol content of about 0.124% at a section of about 50 meters from the 50m to the booming distance in front of a restaurant cafeteria, from the booming on the gambel in the Gapo-dong at the Gapo-si.
2. 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 BK5 car.
On May 17, 2013, the Defendant driven the above car at around 04:00, and proceeded with the intersection in front of the restaurant with the head of the Gyeongpo-dong, which is located in the Mapo-dong at the Mapo-si.
At the time, there is a place where traffic is not controlled, so there was a duty of care to confirm whether the driver is a vehicle crossing by reducing the speed or temporarily stopping the vehicle.
Nevertheless, the Defendant, as in paragraph (1), was negligent in neglecting the alcohol and proceeding as they were, and the part of the front part of the victim C (the 62-year-old driver) driving D-si's front part of the victim C (the 62-year-old driver) driving, who was directly located in the cafeteria in the gate of the pentbu, in the middle of the above vehicle.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks due to occupational negligence as above.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A report on detection of a host driver;
1. Application of the statutes governing traffic accident-related photographs;
1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The defendant among the reasons for sentencing under Article 62(1) of the Criminal Act.