교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for one year.
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
[criminal power] On November 5, 2007, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 2 million for the same crime at the same court on October 31, 2008, respectively.
【Criminal Facts】
1. Around 19:50 on March 9, 2019, the Defendant driven a Cobserver car on the front side of the Gwangju Mine District, while under the influence of alcohol level of 0.104%.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a motor vehicle with the options.
The Defendant driven the observer car while under the influence of alcohol as stated in paragraph (1) at the date and time, at the place specified in paragraph (1), and turned the front road of the above B from the alley to the D fenced wall.
In this case, a driver of a motor vehicle has a duty of care to properly see the backside and right and the left and right of the motor vehicle and to accurately manipulate the steering gear and prevent the accident from occurring.
Nevertheless, due to the negligence of neglecting this, the Defendant got a part of the victim E(the 48-year-old driving) driving that was stopped behind the Defendant’s vehicle due to the negligence following the said observer car, and caused the victim to suffer injury such as salt, tension, etc. in need of approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. The actual condition survey report;
1. A report on the detection of a host driver;
1. A medical certificate;
1. Six copies, such as the scene of an accident, vehicle photographs, and photographs of the results of measuring the suspect's drinking;
1. Previous conviction: A reply to inquiry, such as criminal records, and a copy of a summary order, shall be applied to 1.1.1.