교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for one year.
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
1. On August 1, 2008, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) at the Jeju District Court on August 1, 2008, and on January 22, 2010, a summary order of KRW 2 million was issued by the same court as the same crime.
On April 15, 2017, around 12:35, the Defendant driven a motor vehicle from around the 119 Center in Jeju-si to the roads front of the D gas station in Jeju-si, with approximately 15km alcohol concentration of about 0.071% without a driver's license, while under the influence of alcohol, the Defendant driven a motor vehicle from the E-burged in the state of under the influence of alcohol content of 0.071%.
2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as a person who owns a motor vehicle of soflured by E, operated the said motor vehicle without being subscribed to the automobile mandatory insurance at the time and place set forth in paragraph 1.
3. The Defendant is a person who is engaged in driving service of a motor vehicle with sod motor vehicle from E in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
The Defendant driven the above vehicle while under influence without a driver's license, as set forth in paragraph (1) of this Article, while driving the vehicle in the influence of alcohol without a driver's license, and driving the vehicle toward the vicinity of the D gas station at Jeju, driving the vehicle along the direction from the direction of the distance of the Party.
At that time, at the time of the defendant's moving direction, the victim F (47 Doo) car was stopped by traffic flow, so in such a case, the defendant, who is engaged in driving of the vehicle, has a duty of care to prevent the accident in advance by accurately operating the steering direction and the steering system in advance, and by securing the safety distance with the vehicle ahead.
Nevertheless, the Defendant neglected to do so without a driver’s license while under the influence of alcohol without a driver’s license, and the Defendant received the back portion of the said rocketing motor vehicle as the front part of the Defendant’s rocketing motor vehicle.
Ultimately, the defendant is negligent in the above occupational negligence.