교통사고처리특례법위반등
A defendant shall be punished by imprisonment for not less than one year and six months.
Punishment of the crime
[Criminal Power] On April 6, 2011, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Ulsan District Court, and on July 6, 2011, the same court received a summary order of KRW 300,000 as a fine for a violation of the Road Traffic Act (unlicensed Driving).
【Criminal Facts】
The defendant is a person who is engaged in driving a motorcycle B(ES)50.
At around 23:20 on December 6, 2013, the Defendant, without obtaining a driver’s license, driven the above motorcycle while under the influence of alcohol of about 500 meters from the shooting distance of the mountain beach located in Ulsan-dong, Ulsan-gu, Ulsan-do to the scambling distance in the same Dong, and led the Defendant to turn to the left from the scam on the right side of the two-lanes, depending on three-lanes in front of the above scambling distance.
At night, there is an intersection in which signal apparatus is installed at the front of the night, and thus, the driver of the motor vehicle has a duty of care to reduce the speed and to check whether there is any motor vehicle entering the intersection in another direction by well examining the right and the right of the motor vehicle, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.
Nevertheless, the Defendant neglected this and caused the victim E (the age of 49) who was standing on the Defendant’s motorcycle to face the front side of the Defendant’s motorcycle due to the front side of the Drocketing cab driven by C, which entered the intersection, in order to take a right-hand turn from the opposite direction by negligence without stopping the signal even though the signal was a stop signal, and left the left-hand turn, and caused the victim E (the age of 49) who was driving on the Defendant’s motorcycle to fall off on the floor.
The Defendant, by such occupational negligence, caused the victim E to prevent the injury during the after-service treatment at the Ulsan National University Hospital around 03:00 on December 7, 2013.