교통사고처리특례법위반등
A defendant shall be punished by imprisonment for not less than eight months.
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
【Criminal Power】 On November 12, 2009, the Defendant was issued a summary order of 1.5 million won or more for a crime of violating the Road Traffic Act at the Chuncheon District Court, and on December 9, 2009, the Defendant was issued a summary order of 2 million won or more for the same crime at the same court.
【Criminal Facts】
1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a CK5 vehicle.
On February 19, 2015, the Defendant driven the above K5 vehicle while under the influence of alcohol 0.122% of blood alcohol level on February 19, 2015, and led the front road in Yang-gu, Gangwon-do to proceed from the side of Taeam Middle School to the original elementary school.
At the time, the Defendant, prior to the same direction, was followed by a GNS car driven by the victim F (the age of 69). In such a case, the Defendant had a duty of care to ensure that the person engaged in driving service would have well see the situation of the vehicle in front, and that the vehicle in front will be avoided if the vehicle in front stops the vehicle in front, securing a safe distance to avoid the accident and prevent the accident from occurring.
Nevertheless, the Defendant found it late to reduce the speed by the negligence of driving a vehicle in an excessively close vicinity while under the influence of alcohol, and operated it rapidly. However, the Defendant received the part of the vehicle in front of the said K5 vehicle, following the No. 5 vehicle.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.
2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in the above paragraph (1), driving the said 5 vehicle while under the influence of alcohol with 0.122% of the blood alcohol concentration from the 2km section from the front of the I House in Yang-gu, Gangwon-do to the place set forth in the above paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. A report on the occurrence of a traffic accident and a report on actual condition;