교통사고처리특례법위반(치상)등
Defendant shall be punished by imprisonment for a term of one year and four 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 February 21, 2011, the Defendant was issued a summary order of KRW 3 million at the Busan District Court as a crime of violating the Road Traffic Act.
【Criminal Facts】
The defendant is a person who is engaged in driving of B gender car.
1. Around 07:14 December 9, 2019, the Defendant driven the said gender car in the state of alcohol with a blood alcohol concentration of 0.176% from the 10km section from the 10km section to the front intersection of the Busan Gangseo-gu apartment.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. On December 9, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said gender car with a blood alcohol concentration of 0.176% under the influence of alcohol as stated in paragraph (1) around 07:14, and led the Defendant to drive the said gender-based car with a signal-free plane at the bottom of the intersection of the D apartment in Busan Gangseo-gu, Busan Metropolitan City.
Since there are three-lanes of vehicles standing in front of the defendant's running direction, there was a duty of care to safely drive the vehicle in order to prevent collision by operating the steering wheel and brakes accurately.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol, and the part of the fk5 vehicle behind the victim E(the age of 45) driving in the signal atmosphere was sent to the front part of the car operated by the Defendant.
The Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A traffic accident report;
1. On-site photographs;
1. The circumstantial statement of the employee;
1. Making inquiries into the results of drinking control;