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 two years from the date this judgment became final and conclusive.
Punishment of the crime
1. On June 14, 2012, the Defendant was issued a summary order of a fine of one million won for the crime of violating the Road Traffic Act by the Incheon District Court.
On June 25, 2020, at around 22:08, the Defendant driven a DCC 2.0-I car under the influence of alcohol concentration of about 0.127% from the 1km section from the front road of Seocheon-si, Busan to the front road of Seocheon-si, Busan.
2. The Defendant is a person who is engaged in driving a DCC 2.0 TDI car.
On June 25, 2020, the Defendant driven the said car while under the influence of alcohol, as described in Paragraph 1, around 22:08, and led the Defendant to drive the car along the two lanes of the four-lane road in Seocheon-si, Busan, along the two-lanes of the four-lane road.
At the time, there was a duty of care to prevent accidents in advance by safely driving the steering system, such as setting the steering room well, accurately operating the steering system and brake system, etc., on the part of the driver of the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant neglected to stop at the front of the Defendant’s air and brought about the back-setting part of the Victim E (W, 59 years old) driving that was under the influence of the signal signal at the front of the Defendant, with the front-hand part of the Defendant’s aboveCC 2.0 TDI car.
Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The actual condition survey report;
1. Notification of the control of drinking driving;
1. A medical certificate;
1. References to criminal records at the scene of an accident, and application of a summary order;
1. Article 3(1), the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1) of the Road Traffic Act concerning criminal facts;