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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car with B mother car.
On May 11, 2017, the Defendant driven the said car while under the influence of 0.133% alcohol during blood transfusion on May 23:32, 2017, and led to four-lanes in front of the Arts Center, as the Government of Gyeonggi-do, to the speed of about 40 to 50km in Seoul, along with the two-lanes in the direction of Seoul.
At the same time, there is an intersection and crosswalk with signal lights, and thus, there was a duty of care to properly observe the signal to the person engaged in the driving of the motor vehicle and to prevent the accident by driving the motor vehicle after checking whether there is a person in charge of the driving of the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not properly conduct the front-round vision, and carried a red signal in violation of the signal, and brought the victim C (20) who gets a pedestrian in a crosswalk from the right-hand side of the Defendant’s proceeding to the front-hand part of the Defendant’s vehicle in front of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.
2. Around May 11, 2017, the Defendant violated the Road Traffic Act (drinking) driven a vehicle B at 0.133% under the influence of alcohol while under the influence of alcohol from the 1km section from the 1km section to the place where the first accident occurred on the roads in front of the sea original restaurant at the fluence of the Government of Gyeonggi-do, the Government of Gyeonggi-do.
Summary of Evidence
1. Statement by the defendant in court;
1. C's written statement related to traffic accidents;
1. A traffic accident investigation report, notification of the results of regulating the driving of drinking, and photograph of a video recording of a black stuff;
1. Application of Acts and subordinate statutes concerning diagnosis and treatment;
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Criminal Act.