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. The Defendant is a person who is engaged in driving a B-II cargo vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
On June 26, 2017, the Defendant driven the above cargo while under the influence of alcohol of 0.158% from blood, around 01:00, the Defendant driven the above cargo at a level of 0.158%, and the point of 54 km from the Cheongdo-si Busan Busan Busan Highway located in Cheongdo-gun, Cheongdo-gun, Cheongdo-do-Eup was driven along the two-lanes from Daegu bank to Busan bank.
At the same time, the road was sleeped, so in such a case, the driver of the vehicle has a duty of care to operate safely by properly manipulating the steering and brakes.
Nevertheless, due to the negligence of being negligent in driving while under the influence of alcohol, the Defendant was found to have been on the left side of the truck due to the new wave of the victim C(43 ) driving in the two-lane.
As a result, the Defendant suffered injury to the victim, by negligence in the above business, such as brain dead in which there is no organ open in the head that requires approximately two weeks medical treatment, salvinum salt and tension, salvinites and tensions, and tensions in the shoulder pipe, and tensions and tensions.
2. Around 01:00 on June 26, 2017, the Defendant driven a B-II truck under the influence of alcohol content 0.158% from the 40km section of the blood alcohol level to the point at which 54km-si, Cheongdo-ro, Cheongdo-si, Cheongdo-si, Cheongdo-si, Cheongdo-do-si, Cheongdo-do-si, Cheongdo-do-si.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. On-site photographs;
1. Application of Acts and subordinate statutes to medical certificates and medical treatment certificates;
1. Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts; Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 3(2)8 of the Criminal Act.