교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 19, 2012, the Defendant was issued a summary order of KRW 7 million for a fine for violation of the Road Traffic Act, etc. in the Seosan Branch of the Daejeon District Court.
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a B K7 car.
On December 19, 2019, the Defendant driven the said vehicle at a speed of 0.116% alcohol level on blood alcohol level around 11:10 on December 19, 2019, and driven the said vehicle at a speed of about 140km per hour in the direction of visible distance, when the Defendant is aware of that vehicle at the Seosan City.
It is a road with a speed of 60 km per hour, and the driver of the motor vehicle has the duty of care to keep the safety distance that can be avoided if the two-wheeled motor vehicle stops, as the victim C (n, 63 years old) drives ahead of the same direction followed the two-wheeled motor vehicle behind the two-wheeled motor vehicle, and therefore, the driver of the motor vehicle has the duty of care to maintain the safety distance that can be avoided if the two-wheeled motor vehicle stops.
Nevertheless, under the influence of alcohol, the Defendant neglected to pay a limited speed exceeding 80 km per hour, and received two-wheeled automobiles from the victim prior to the Defendant’s passenger vehicle.
As a result, the Defendant suffered injury, such as a pelvis, which requires approximately 12 weeks of medical treatment from the victim due to such occupational negligence.
2. Violation of the Road Traffic Act (LA) the Defendant driven B K7 cars in the state of alcohol alcohol with approximately 0.116% alcohol concentration from the 7km section of approximately 7km to the F restaurant in Seosan-si, Seosan-si, Seosan-si, a temporary border, to the 3-2nd road in the same city.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The actual survey report on traffic accidents;
1. Notification of the results of the drinking driving control;