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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of a C Poter cargo vehicle.
1. On June 9, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the above cargo vehicle while under the influence of alcohol level of 0.191% on blood alcohol level on June 20, 2014, and led to the flow of the above cargo vehicle near the “Sacheon-si Reservoir”, which is located in the Seocheon-si, Seocheon-si, Seocheon-si.
At the same time, there is a place where a bicycle exclusive road is installed at the edge of the road, so in such a case, the person engaged in driving of the motor vehicle had a duty of care to prevent the accident in advance by safely driving the motor vehicle in the front and right and the right and the right and the right, and safely driving the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the above vehicle while it is difficult for the Defendant to drive the vehicle normally due to the influence of alcohol, and the body part of the victim D (the age of 18) who walked a bicycle-only road at the right side of the Defendant’s running direction was received the front part of the Defendant
Ultimately, the Defendant caused the victim by occupational negligence on the 16th 19:21 of the same month to fall into brain death in the Asian University Hospital located in Young-gu, Suwon-gu, Suwon-gu, 164, and died on the same day with the consent of the bereaved family members.
2. On June 9, 2014, at around 20:48, the Defendant driven the instant Poter vehicle from the front of the “Eved Party” road located in the Geumcheon-si Licheon-si Geumcheon-si, in a state of alcohol of 0.191% of blood alcohol concentration, to the road near the “Sacheon-si reservoir” located in the same Myeoncheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Report on the status of running a motor vehicle under consideration and on the status of running a motor vehicle under consideration;
1. A copy of the death certificate of D;
1. Application of statutes on site photographs;
1. Criminal facts;