A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B Poter freight vehicles.

On August 15, 2015, the Defendant driven the above cargo vehicle around 19:25, and tried to park it bypassing it to the breakwater in the direction of the breakwater, when driving it in front of the east of the Do-dong of Incheon Strengthening Military Station, and driving it on the front.

The Defendant, without a driver's license, driven a cargo vehicle while under the influence of 0.116% alcohol concentration in blood, and failed to properly operate the speed and brake system, caused the Defendant C (49 years old) to take the victim C (5 years old) who was on the end of the breakwater in the direction of the breakwater at the landing point above the freight lane of the Defendant, and caused the Defendant to fall into the bottom of the breakwater along with the freight of the Defendant.

The Defendant caused the death of the victim due to the negligence of the above occupational negligence, thereby causing the damage to the overall diversification.

2. The Defendant was under the influence of 0.116% alcohol concentration in blood without a driver’s license as stated in paragraph (1) of this Article, and driving the above cargo vehicle 1 km from around 100-5, 340 o-gil to the front day of the seat of the movable property at the same time, on the one hand, at the time and night as indicated in paragraph (1) of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to death certificates;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Criminal Facts, Article 268 of the Criminal Act (the occupation of an occupational and de facto physician), Article 148-2(2)2, and Article 44(1) of the Road Traffic Act (the occupation of drinking), Article 152 subparag. 1, and Article 43 of the Road Traffic Act (the occupation of an unlicensed driver);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. As to the crime of violation of the Traffic Act by the option of punishment, imprisonment with prison labor and as to the Act on Special Cases concerning the Settlement of Traffic Accidents, choice of imprisonment without prison labor shall be made;