교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for a term of one year and two 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
[criminal power] On October 28, 2013, the Defendant received a summary order of KRW 1,50,000 from the Jung-gu District Court to a fine of KRW 1,500,000 for a violation of the Road Traffic Act, and on November 20, 2015, a fine of KRW 5,500,000 for a violation of the Road Traffic Act was imposed at the Seosan Branch of the Daejeon District Court.
【Criminal Facts】
1. Around 21:40 on August 21, 2019, the Defendant driven a e-learning car in the section of approximately 150 meters from the B adjacent road located in Seosan City to D in Seosan City, under the influence of alcohol with a blood alcohol concentration of 0.118%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. The Defendant is a person engaging in driving a passenger car as specified in the preceding paragraph.
The Defendant, while under the influence of alcohol concentration of 0.118% at the time and time set forth in the preceding paragraph, driven the said car with a driving of the said car, leading the C’s front three-distance intersection to G apartment direction from F to G apartment direction.
In such cases, there was a duty of care to safely drive a vehicle after checking whether there is a vehicle that is going through by the rear and left well before moving back to a person engaged in driving service.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, is proceeding in the direction of F in the direction of G apartment in the direction of the past.
The part of the victim H(W, 28 years old) driving, which was stopped at the rear side of the vehicle of the defendant, was set up as the front part of the vehicle of the defendant driving.
As a result, the Defendant suffered injury to the victim, such as cerebral dead, which did not have two or more organs open for two weeks of medical treatment, due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. A traffic accident report (on-site investigation report), black boxes.