교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for one year.
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.
Criminal facts
On March 7, 2008, the Defendant was issued a summary order of KRW 500,000 as a crime of violating Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch.
On July 23, 2020, the Defendant is a person engaged in the business of driving BK5 automobiles. On July 23, 2020, the Defendant driven the said automobiles with a alcohol concentration of 0.135% at around 18:00 and, under the influence of alcohol level of 0.135%, driven the said automobiles at a speed that would not be known along the two-lanes from the intersection to the intersection of the superior market.
The location is an intersection where signal apparatus is installed, and at the time, the low-speed road was slowed, so a person engaged in driving service has a duty of care to check whether there is a vehicle waiting for signal signal at the front and safely drive the vehicle to prevent the accident from smoke.
However, under the influence of alcohol, the Defendant neglected to perform the above duty of care, and neglected to proceed as it was, due to the negligence of the Defendant’s failure, thereby being driven by the victim C (W, 37 years old) waiting in the signal signal at the front bank, and received the part of K5 vehicles driving by the Defendant.
As a result, the Defendant violated the prohibition of drinking alcohol driving regulations at least twice, and the Defendant suffered the victim’s salt and tension by negligence on the part of the above 2-day medical care.
Summary of Evidence
1. A criminal defendant's legal statement appraisal report and a diagnosis report about the result of crackdown on drinking driving (to hear statements from the victim's telephone);
1. A previous conviction on a de facto investigation report or a traffic accident photograph: The application of a reply to inquiry, such as criminal history, and a summary order, and other Acts and subordinate statutes;
1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the driving of drinking, the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;
1. The aggravated Criminal Act for concurrent crimes.