교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for not more than ten 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
1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a motor vehicle with two highest motor vehicles.
On October 8, 2016, the Defendant driven the above vehicle while under the influence of alcohol of 0.155% with blood alcohol concentration around 20:40, and driven the above vehicle along three-lane roads of the parallel 3-lane 105, Seo-gu, Seo-gu, Daejeon.
There have been duty of care to prevent accidents in advance by accurately operating steering devices and brakes with a good traffic volume.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so on the road and was driven by the victim C (the aged 25) who was standing in the aftermath of the said road due to the negligence on the said road, and received the front part of the DNA cruise car as the rear part of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.
2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at the time and place specified in paragraph 1, and without obtaining a driver’s license, at the level of 0.15% under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Entry of the C Statement;
1. Entry in the register of driver's licenses;
1. Entry of an entry report from an employer;
1. Application of Acts and subordinate statutes to entries in a survey report on actual condition;
1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crime of driving without a license).