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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 a period of three 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 a rocketing vehicle.
1. On March 22, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. resulting from Dangerous Driving) driven the said vehicle while under the influence of alcohol concentration of 0.105% during blood, and led the driving of the said vehicle to the front way of the Gowon-gu E, Yangwon-gun at a speed of 50 to 60km.
In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side, and to accurately manipulate the steering and brakes so as to prevent accidents.
Nevertheless, the Defendant neglected this and failed to live well in the front of the Defendant, and the part on which the victim F (77 years old and South) was driven by the Defendant, who was driving in front of the Defendant, was faced with the front part of the Defendant’s vehicle.
Ultimately, the Defendant driven the said vehicle in a situation where normal driving is difficult due to the influence of alcohol, and caused the victim to die at the H hospital located in Gyeyang-gu G in Yangwon-gun G on the same day at around 20:34 on the same day.
2. The Defendant on the violation of the Road Traffic Act (drinking driving) driven the above rocketing vehicle at a section of approximately 1.6 km from the parallel of Gangwon-gu to approximately 729 km at the center of the same 164 km, both of which are under the influence of alcohol content 0.105% in blood at the above time.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to I and J;
1. Traffic accident report (on-site investigation report), black fluor photograph (6§ 6), accident site photograph (6§ 6), black fluor video CDs;
1. Photographs of the deceased and the dead body body of the deceased;
1. Inquiry into the results of crackdown on driving alcohol, a statement in the circumstances of the driver under the influence of alcohol, and the application of statutes;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of death or injury caused by dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and imprisonment with prison labor);