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 March 31, 2008, the Defendant issued a summary order of 700,000 won to a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch on March 31, 2008, and on April 30, 2013, the Defendant violated the prohibition of drinking under the Road Traffic Act on more than two occasions by receiving a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) from the same court.
The defendant is a person engaged in driving a motor vehicle by borrowing B.
On February 1, 2015, the Defendant driving the said car without a driver’s license, while under the influence of 0.112% of blood alcohol concentration, which is located in the dispatching-dong, Sinsi-si, Sinsi-si, Sinsi-si.
At the same time, the car was driven by the victim C (year 41) on the front side of the same room, and in such a case, the defendant, who is engaged in the driving duty, has a duty of care to safely drive the vehicle by accurately manipulating the steering direction and brake system.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding without neglecting it, and the part behind the Defendant’s driving of the said victim’s vehicle was carried out as part of the driver’s vehicle in front of the said Defendant’s driving vehicle.
Ultimately, the Defendant suffered from an injury to the victim, such as influence, etc., of a double wall, which requires two-time medical treatment due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Reports on the occurrence of traffic accidents, reports on the actual state of drivers, survey reports, photographs, and the register of driver's licenses (C);
1. A medical certificate;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a report on confirmation of the same criminal records);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license).