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 small-scale car B.

On February 3, 2018, the Defendant was under the influence of alcohol level 0.091% of the blood alcohol level around 23:35, while driving the said vehicle on the road front of the “D E”, which is located in E, from the direction of the interesting bridge to the roadside of the law, while he was under the influence of alcohol, and driving the said vehicle from the direction of the roadside at the direction of the road. As above, the Defendant was under the influence of alcohol, the two parts of the two sides of the victim E ( South, 45 years old) on the right side of the Defendant’s vehicle driving.

Ultimately, the Defendant caused the death of the victim at G hospital located in Ansan-si F around February 4, 2018 due to the above occupational negligence by the Defendant due to the symptoms of serious brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, and J;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a report on the results of crackdown on drinking driving, and a statement on the situation of the driver under driving;

1. Application of Acts and subordinate statutes on death, death certificate, and postmortem protocol;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of and the selection of imprisonment without prison labor), and Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the occupation of drinking alcohol driving and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing Sentencing [Scope of Recommendations] Class 2 (Death and Injury from Traffic Accidents) (4-1 year) (Special Sentencing) (In the case of an aggravated drinking driving, etc.) (Reduction) the victim is also negligent in causing traffic accidents or expanding damage, not subject to punishment;

2. The driving of the defendant's decision of sentencing led to a serious result that the victim's death could not be observed.

Defendant is punished for past traffic-related crimes.