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 this judgment becomes final and conclusive.
Punishment of the crime
On November 24, 2009, the Defendant received a summary order of a fine of two million won or more for a crime of violating the Road Traffic Act from the Changwon District Court’s Tongwon District Court’s branch on November 24, 2009, and a summary order of two million won or more for the same crime in the above court on February 26, 2014, respectively.
1. 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 Burle 2 car.
On December 30, 2014, at around 10:20 on December 30, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.075%, and driven the two-lane road in front of C at the time of macroscison along a two-lane road from the rooftop to the head.
In such cases, a person engaged in the driving of motor vehicles has a duty of care to ensure safety distance that can be avoided when the vehicle stops well and to prevent accidents by driving the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (the age of 58) who was driven before the Defendant due to negligence while neglecting this, and was driven by the victim D(the age of 58).
Ultimately, the Defendant suffered injury to the victim, such as cutting the upper right frame, which requires treatment for about six weeks, due to such occupational negligence.
2. Although the Defendant had been punished for driving under the influence of alcohol more than twice as above, the Defendant driven the said car in the above time and place under the influence of alcohol concentration of 0.075% as above.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver and a medical certificate;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);
1. Article 3(1), the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1, and Article 44 of the Road Traffic Act concerning criminal facts;