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
[Criminal Power] On October 21, 2008, the Defendant was issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.
【Criminal Facts】
1. On August 17, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving a B-cracked car with blood alcohol concentration of 0.102% at around 20:24, thereby moving back from the front air base of Gwangju City to the direction of a difficult ground rock.
At night, a person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, and there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as checking a parked vehicle or parked vehicle in the rear.
Nevertheless, the Defendant did not find out the FF-learning car driven by the victim E (the age of 50) who was under a stop at the rear side of the driving direction of the Defendant due to negligence while under the influence of alcohol and did not neglect it, and shocked by the victim's vehicle behind the victim's vehicle into the front part of the car driven by the Defendant.
As a result, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.
2. The Defendant violated the Road Traffic Act (driving) driving the said car under the influence of alcohol by 0.102% from the dormitory located in G in Gwangju City at the time and time as described in paragraph (1) to the front road of Gwangju City.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of the drinking regulations not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A traffic accident report, a traffic accident report, a notification on the results of the control of drinking driving, a report on the circumstances of drinking drivers, and a medical certificate;
1. Victims cambling images;
1. Judgment.