교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person who is engaged in driving a B car.
On November 2, 2019, at around 05:30, the Defendant driven the said car while under the influence of alcohol of 0.109%, and led to the two-lane road in front of Seongbuk-gu Seoul Metropolitan Government along the three-lane from the direction of the street.
In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering and steering gear, and operating the steering and operating system accurately.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while driving the vehicle in front of the Defendant, and the part of the back part of the victim D (the age of 65) driving e-learning car stopped in accordance with the new code was received as the front part of the Defendant’s car.
Ultimately, the Defendant suffered from the injury of the victim F (ma, 68 years old), the victim G (ma, South and 62 years old) who was on board the victim D, the damaged vehicle, respectively, for about two weeks of medical treatment.
2. On April 13, 2018, the Defendant violated the Road Traffic Act (driving) and received a summary order of KRW 2 million from the Seoul Eastern District Court as a crime of driving under the Road Traffic Act.
On November 2, 2019, around 05:30 on November 2, 2019, the Defendant driven a car with the blood alcohol concentration of about 0.109% in the 3km section from the front road of Gangnam-gu Seoul Metropolitan Government to the front road of Seongbuk-gu I.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the occurrence of each traffic accident in F and D;
1. A traffic accident report, report on the results of the drinking driving control, report on the circumstantial statements of a drinking driver, investigation report (applicable to the Ba mark), accident video CD;
1. Previous convictions in judgment: Residents' inquiry and inquiry;