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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving Category C freight vehicles.
On November 17, 2016, the Defendant, without a driver’s license of a motor vehicle on November 17, 2016, driven the front of the Hayang-si D, in a state of alcohol content of 0.130% with a blood alcohol concentration of 0.130%, into the Yeong-ri side.
At the time, there are nights, and there are cross-sections in the front side, and thus, a person engaged in driving a motor vehicle has a duty of care to thoroughly prevent accidents from occurring in the front side.
Nevertheless, the Defendant did not discover the victim E (the 43-year-old driver)’s car at the entrance of the upper breath room, which was under the influence of alcohol due to negligence on duty, and did not discover the victim E (the 43-year-old driver’s car)’s vehicle at the front floor of the Defendant’s vehicle, and received more parts of the victim’s car after the front floor of the victim’s vehicle, and caused the victim G (the 10-year-old driver) and the victim H (the 11-year-old driver’s age) to board the vehicle while pushing the vehicle.
Ultimately, the Defendant suffered injury to the victim E and the victim G, such as catum catum, which requires approximately two weeks of medical treatment, and the victim H suffered injury, such as salt catum, which requires approximately five days of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of witness E;
1. The actual investigation report on traffic accidents;
1. The driver's license ledger;
1. Notice of the result of regulating the driving of drinking alcohol and a report on the situation of the driver of drinking alcohol;
1. Application of each written diagnosis and written confirmation of hospitalization Acts and subordinate statutes;
1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. On the crime of violating the Traffic Act on the selective road traffic.