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
1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the operation of a passenger car with B thesis.
At around 09:50 on June 27, 2017, the Defendant moved directly from the right edge of the C Building in Yangsan City to the Busan National University Hospital in the direction of three lanes from the right edge of the C Building in Yangsan City.
At the same time, the victim D (the age of 50) reduced the speed in order to make a right-hand at the front side by driving the E-learning car at the intersection, and thus, a person engaged in driving service has the duty of care to drive safely by thoroughly exercising the duty of the front side, such as obtaining a legitimate license and not driving in the state of drinking.
Nevertheless, Defendant was negligent in driving a vehicle while under influence of 0.149% of alcohol content in blood without obtaining a license and received the back part of the said vehicle with the front part of the said test as the front part of the vehicle.
As a result, the defendant suffered injury to the victim by negligence in the course of business, such as salt, tensions, etc. in need of treatment for about two weeks.
2. On June 27, 2017, the Defendant driven a motor vehicle without obtaining a driver’s license in a state of alcohol content of about 0.149% from a section of about 3km from the south-west side market in Yangsan-si to the place indicated in the above paragraph (1) from around 09:50 on June 27, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3(1), Article 3(2) proviso 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 Subparag. 2 and Article 44(1) of the Road Traffic Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (non-licensed driving) concerning criminal facts.