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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 14, 2008, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court. On August 13, 2010, the Defendant was sentenced to imprisonment with prison labor for six months, suspension of execution two years, and February 16, 201 for a crime of violating the Road Traffic Act at the Busan District Court.
1. The defendant is a person who drives CPoter cargo vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
On July 11, 2018, the Defendant driven the above cargo vehicle under the influence of alcohol level of 0.067% from blood level around 17:50 on July 11, 2018, and led to the road of 4-lanes from the 8-lanes to the lower intersection from the IC region at the lower intersection of the Hyundai Art Gallery of Dog-dong at the bottom of Busan Island.
A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by keeping the front door and left door well, operating the steering and brake system accurately, and maintaining the distance from the previous motor vehicle.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to maintain the distance between the vehicles, neglected to perform the duty of care on the street, and neglected to do so on the same direction, received the part of the victim D (26) driving E.S. (26) behind the collision of the passengers in the E.S. and the part behind the vehicle in front of the truck in the Defendant’s truck.
Ultimately, the Defendant suffered injury to the above victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.
2. On the date and time stated in paragraph (1), the Defendant was driving the said C truck under the influence of alcohol concentration of approximately 0.067% from the 5km section of the blood alcohol level from the Busan Gangseo-dong Port to the Dondondon-dong at the bottom of the Busan Seo-dong Port to the roads in front of the Hyundai Art Gallery.
Accordingly, the defendant violated the prohibition of drinking alcohol driving regulations not less than twice.