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.
Criminal facts
Some of the facts charged were corrected.
1. The defendant is a person who is engaged in driving service of a vehicle B with low-priced vehicle.
On June 5, 2019, at around 01:20, the Defendant driven the foregoing vehicle while under the influence of alcohol of 0.230% of blood alcohol concentration, and led the Defendant to drive the said vehicle on the one-lane road in front of the “D convenience store” located in Gwangju City as “F” located in Gwangju City E in the above “D convenience store.
The above road has a sign indicating that it is a one-way passage prohibiting the entry of a vehicle into the above "F" side from the above "D convenience point" side, and it was difficult for the driver to run around the road at night. In such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the direction indicating traffic safety facilities by taking into account the traffic situation in the direction.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the said road, and was negligent by entering the road of three-lane the left side of the center line of the “F” in Gwangju City, Gwangju City, by driving along the said road, and was driven by the injured party G (the age of 48) driving along the two-lanes of the said road on the direction of driving the said road, from the two-lane side of the said road on the direction of driving the said road.
As a result, the Defendant suffered injury to the victim, such as cerebral dead with no two internal organs, which require approximately three weeks of medical treatment, due to such occupational negligence.
2. The Defendant violated the Road Traffic Act (driving) driving a vehicle with the highest alcohol level of about 3 km from the road in front of “F” located in E in the same city at a place below the transmission-dong in Gwangju-si, Gwangju-si, while under the influence of alcohol level of 0.230% at the time and time specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. A written statement on the occurrence of traffic accidents;
1. The report of a traffic accident (five pages), each.