교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On October 31, 2013, the Defendant issued a summary order of KRW 1,00,000 as a fine for a crime of violating the Road Traffic Act (dacting driving) at the port branch of the Daegu District Court, and on April 11, 2016, the same court issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act (dacting driving).
[Criminal facts] The Defendant is a person who is engaged in driving of B SP car.
On September 8, 2018, the Defendant was under the influence of alcohol concentration of 0.064% from blood transfusions around 04:40 on September 8, 2018, and the Defendant was under the influence of alcohol leveling to 0.064% from the south-gu Seoul at port along four lanes.
At the time, it is an intersection where a signal is installed at night, so in such a case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle.
Nevertheless, the Defendant neglected to do so and neglected the foregoing while under the influence of alcohol and neglected to do so, and caused the Defendant’s failure to do so to drive F. F. F. M. (40) driving at the victim E (S.) waiting for a signal signal in front of the Defendant, and received the part of the Defendant’s vehicle as the front part of the passenger car.
Ultimately, the Defendant suffered from an injury to the victim E, such as light fat, which requires approximately two weeks of medical treatment, due to such occupational negligence, and driving a motor vehicle under the influence of alcohol, even though he/she had been punished twice or more due to a violation of the Road Traffic Act (drinking).
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the occurrence of a traffic accident, investigation report on the actual condition of a traffic accident, and notification of the results of regulating drinking driving;
1. A report on investigation (for investigation of a victim);
1. A medical certificate;
1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports;
1. The point of causing bodily injury resulting from occupational negligence in the relevant legal provisions concerning the crime: Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2(1)1 of the Road Traffic Act;