교통사고처리특례법위반등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving a B-B B-II cargo vehicle.
On June 1, 2015, the Defendant driven the above Poter II cargo vehicle with a alcohol level of 0.099% 0.09% while under the influence of alcohol during blood transfusions, and, at the time of strike, the Defendant driven the front road of the C in the direction of salary, one-way, depending on two-lanes between the two-lanes.
A person engaged in driving of a motor vehicle has a duty of care to take the front, rear and left right and left right while under influence of alcohol, and to accurately manipulate the steering gear and brakes so as to prevent the accident from occurring.
Nevertheless, while under the influence of alcohol, the Defendant, while neglecting it, shocked the boundary of the sidewalk on the right-hand side of the running direction by the negligence of the driving, and dumpeded the roadside trees, which were planted on the roadside without standing up to the right-hand side.
Ultimately, the Defendant caused the death of the victim D(46) who was on board the same vehicle due to the above occupational negligence, and operated the said Poter II cargo vehicle from the F restaurant in E in the state of alcohol to the front of C at 9.14 km from the F restaurant in the state of Pakistan to the roads in the City of Pakistan.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. A report on the detection of a primary driver;
1. A corpse death certificate;
1. Application of statutes on site photographs;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts (the occupation of a person resulting from occupational negligence, the choice of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of a person driving alcohol and the choice of imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. It has caused a very serious accident due to the driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act and the need for strict punishment in light of the victim's age.
On the other hand, the victim is a state of drinking by the defendant.