교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On January 6, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic laws at the Seoul Northern District Court (drinking driving). On October 17, 2019, the Defendant issued a summary order of KRW 15 million for a crime of violating road traffic laws (drinking driving) at the same court.
[Criminal facts]
1. The defendant is a person who is engaged in driving service of B knife cars in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
On November 09, 2020, the Defendant was driving the above van on the top of around 07:30 on November 09, 2020, while driving the front-distance road in Seongdong-gu Seoul Metropolitan Government on the direction of the yellow school distance, making the front-distance road stopped in the signal atmosphere while driving in the direction of the new road.
In this case, the driver of a motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle, and to safely drive the motor vehicle according to the road traffic situation and the structure and performance of the motor vehicle, and to prevent the accident from occurring.
Nevertheless, without a driver’s license, the Defendant neglected this and caused the flaps to go ahead of the flaps while under the influence of 0.101% alcohol level in blood without a driver’s license. Accordingly, the Defendant got out of the flapsing part of the flaps, which was driven by the signal signal line in the rear bank, by the victim E ( South, 51 years old) who was under the influence of the flapsing taxi for business use in the front of the flapsing part.
As a result, the Defendant suffered, by negligence in the above business, the injury to the victim E, about two weeks of a shoulder pipe and tension, and the injury to the victim G, a passenger who was on board the above business-use taxi, about six weeks of the escape certificate of a external signboard that requires approximately 5/6 weeks of medical treatment, respectively.
2. The Defendant is under the influence of alcohol level of 0.101% in blood alcohol level without a driver’s license on the day and on the day specified in the above paragraph 1. The Defendant is under the influence of alcohol level of 0.101% in Jung-gu, Seoul.