교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for one year.
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. On October 31, 2007, the Defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act at the Sung-nam Branch of the Suwon District Court, and on November 12, 2010, the Defendant was sentenced to a suspended sentence of two years for eight months for a violation of the Road Traffic Act at the Seoul Central District Court.
On May 14, 2016, at around 01:03, the Defendant driven a BM car under the influence of alcohol content of about 0.089% at a section of about 30km from the front of the Habado apartment in Yongsan-gu Seoul, Yongsan-gu to the front road located in the city of Yongsan-gu, Seoyang-gu, Seoyang-gu, Seoul.
As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.
2. The Defendant is a person who is engaged in driving a BMW car.
On May 14, 2016, the Defendant driven the said car under the influence of alcohol, as described in Paragraph 1, while driving it on May 14, 2016, and driving it along two-lanes in front of the shooting distance of the Yongsan-gu, Busan Metropolitan City, Seoyang-gu, 1547 at the center of the ancient city.
At the time, there is an intersection where signal lights are installed at night and at the front of that place, so in such a case, there was a duty of care to reduce the speed to those engaged in driving business and to prevent accidents in advance by driving safely in accordance with good faith.
Nevertheless, under the influence of alcohol, the Defendant neglected this and received the front part of the DKaman Corpon car driving by the victim C(54 years old) who is driving on the right side from the left side of the running direction due to the negligence of entering the intersection while the signal is red signal but without neglecting it, and as it is, entered the intersection.
Ultimately, the Defendant committed the above occupational negligence.