교통사고처리특례법위반(치상)등
Defendant shall be punished by imprisonment for a term of one year and four months.
However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On April 14, 2010, the Defendant violated the duty of prohibition of drunk driving on two or more occasions by receiving a summary order of KRW 2,500,000 as a crime of violation of the Road Traffic Act (driving) from the Sungnam branch of the Suwon District Court on April 14, 2010, and a fine of KRW 5 million as a crime of violation of the Road Traffic Act (driving) from the Sungnam branch of the Suwon District Court on October 19, 2015.
【Criminal Facts】
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving service of a passenger car in B SP land.
On November 6, 2018, at around 05:35, the Defendant was under the influence of alcohol at a 0.106% of blood alcohol concentration, and the Defendant was proceeding in the direction of the intersection of the two-dimensional distance distance in front of a restaurant in front of the same Eup on which the trade name in Gyeonggi-si is unknown.
Since there is an intersection where traffic control is not performed, the driver has a duty of care to check whether there is a vehicle being driven by prior to the passage of the intersection by reducing the speed of the vehicle or temporarily stopping the vehicle prior to the passage of the intersection, and to drive the vehicle.
Nevertheless, as such, the Defendant neglected such occupational duties and was in the middle part of the right side of the victim C(Seoul, 61 years old) driving at the direction of the police station due to the negligence of entering the above intersection as is, the Defendant received the front part of the vehicle.
Ultimately, the Defendant caused the victim to suffer injury, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to such occupational negligence.
2. Violation of the Road Traffic Act (driving) is under the influence of alcohol by the Defendant on the front of a restaurant in which the trade name in the parallel of Gyeonggi-gun is unknown at the time and time set forth in paragraph (1) of this Article, up to the parallel of the two parallel distance in the same Eup, a 500-meter section is under the influence of alcohol by 0.106% of the blood alcohol concentration.