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
1. On November 9, 2016, the Defendant is a person who is engaged in driving the second cargo vehicle B, and the Defendant was under the influence of 0.105% of alcohol during blood transfusion at around 00:30 on November 9, 2016, and was driving the said vehicle on the five-lane road in front of the four-lane radius in Daejeon Seosung-gu, Seosung-gu, Seosung-gu, Seosung-gu, Daejeon-do, the fourth-lane of the 4-lane-do hot spring basin at the Sim of Simdo. At night at that time, a signal was installed at the front and right of the vehicle. In such a case, the Defendant was obliged to take a duty of care in advance to prevent accidents by accurately manipulating the steering gear and brake system of the vehicle.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the duty of the front time while driving, and was found to have been driving the victim C(54) who stopped for the signal waiting in front of the Defendant’s vehicle.
As a result, the Defendant suffered, by negligence in the course of performing duties, injury to the victim C, such as salt, tensions, etc. of the brue that requires approximately two weeks of medical treatment, and injury to the victim E (V, 19 years of age) that requires approximately two weeks of medical treatment to the victim E (V, 19 years of age).
2. On November 9, 2016, the Defendant: (a) driven B truck under the influence of alcohol content of about 0.105% in the area of about 5km from the front of the office of “Ddesign” located in the Daejeon-dong, Taepyeong-dong 263-3, Daejeon-gu, to the Hansung-gu, Daejeon Pungpo-gu, Seopo-gu, Daejeon, to the fourth-lane of the hot spring basin; and (b) drive B truck under the influence of alcohol content of about 0.105% in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the report on detection of the primary driver;
1. Application of each statute to each written diagnosis;
1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2) proviso 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation on duty and on duty) and the Road Traffic Act concerning criminal facts.