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
The Defendant is a person who driven a motor vehicle under the influence of alcohol on November 13, 2007 (the issuance of a summary order of KRW 1 million at the Suwon Friwon on December 28, 2007), who driven a motor vehicle under the influence of alcohol on March 4, 2013 (the issuance of a summary order of KRW 5 million at the Suwon Friwon Friwon on March 15, 2013), and violates Article 44(1) of the Road Traffic Act on at least two occasions.
The defendant is a person who is engaged in driving a low-priced car.
On February 17, 2018, the Defendant driven the said car under the influence of alcohol content of 0.121% in blood around 23:40, while driving the car, and driving it along the two-lanes in the direction of 0.121% in the direction of 336 in the border of the Suwon city.
At the same time, the car of the victim C(27) driver was stopped in the atmosphere of signal signal, so the defendant engaged in driving service had a duty of care to accurately operate the steering and operating the steering system while living well on the front left left and right.
Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to do so and received the back part of the car in the above SPP as the front part of the car in front of the Defendant’s low-speed vehicle.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A traffic accident report, a survey report, and an accident scene photograph;
1. Statement of the circumstances of the driver involved in driving;
1. A report on the detection of a primary driver;
1. A medical certificate;
1. Records of judgment: Application of inquiry letter, such as criminal history, and application of Part III Acts and subordinate statutes of the summary order;
1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(1)1 and 44(1) (the point of drinking and the choice of imprisonment), Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and the Criminal Act.