교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for one year.
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
The defendant is a person who is engaged in driving a B car.
1. On January 24, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car in the direction of a moving distance from the direction of the mobile terminal while under the influence of alcohol content of 0.128% in front of the D restaurant located in Gyeonggi-si, Gyeonggi-si, Gyeonggi-do.
At the time of the accident, the victim E(43) was placed adjacent to the above cargo vehicle in order to set off the victim E(43) in the FF Ⅲ in order to load and unload the goods. In such a case, the driver had a duty of care to safely drive the vehicle and prevent the accident in advance by checking whether there is a person who is a person who is engaged in driving service.
Nevertheless, under the influence of alcohol, the Defendant neglected this and went back to the left side of the said cargo vehicle due to the Defendant’s negligence that did not keep the front side while driving the vehicle, and the Defendant got behind the left side of the said cargo vehicle and went into the ground. The Defendant got out of the victim’s left bridge due to the right side of the said vehicle.
As a result, the suspect suffered injury to the victim, such as knenee, knee, and other kneeing parts of the treatment days due to the above occupational negligence.
2. On July 6, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of road traffic laws at the Seoul Central District Court on the grounds of a violation of road traffic laws, etc. on July 1, 2008. On July 1, 2008, the Defendant was sentenced to a suspended sentence of two years for a period of four months for a violation of road traffic laws (drinking) at the Sungnam branch court of Seoul Northern District Court. On March 5, 2009, the Defendant was sentenced to a fine of KRW 7 million for a violation of road traffic laws.
The Defendant is under the influence of alcohol by 0.128% of alcohol concentration in blood from around 120 meters to the front road of the point of the said accident, from around 120 meters at the time of the day set forth in paragraph (1).