교통사고처리특례법위반등
A defendant shall be punished by imprisonment for not more than ten months.
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 January 29, 2007, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 2,500,000,000 at the Suwon District Court’s Eunpyeong Housing Site as a crime of violation of the Road Traffic Act (driving). On June 29, 201, the Defendant was issued a summary order of KRW 2,50,000,000 with a fine of KRW 2,000,000
【Criminal Facts】
1. On December 22 and 50, 2012, the Defendant driven a BFhouse or other car under the influence of alcohol content of 0.09% without a vehicle driver’s license at a section of about 3km from the Dobong-dong, Yancheon-dong, Seoul to the roads in front of Dongjak-gu, Seoul, Black-dong, 5-2.
As a result, the Defendant, while driving a motor vehicle without a driver's license, was punished not less than twice while driving a motor vehicle while under the influence of alcohol, again driving a motor vehicle under the influence of alcohol.
2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act are those who are engaged in driving service of the above EF stations or other automobiles.
On December 12, 2012, the Defendant driven the said car at around 22:50, and proceeded along two-lanes from the Han River basin of the Han River Zone of Dongjak-gu Seoul Metropolitan Government to the front side of the 5-2-lane of the Han River Zone. A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents, such as securing the safety distance with the motor vehicle in front while thoroughly driving the front side and driving the motor vehicle.
Nevertheless, the Defendant neglected this, while driving a blood alcohol concentration of 0.09% without a driver's license, received the back portion of the victim C(I, 41 years old) driving or the driver's vehicle, which was waiting for the signal at the front of the Defendant's vehicle, from the victim C(A, I, 41 years old) driving to the front part of the Defendant's vehicle, and caused the victim to suffer light fluoral dives, which requires a two-day medical treatment.