A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On December 4, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.151% 0.15%, while under the influence of alcohol around 00:45 on December 4, 2018, and led to the flow of the road near Pyeongtaek-si C from the Cheongbuk-do bank.

At the time, at night, the view of the front door was restricted, and there was a situation where the road was cut down, so there was a duty of care to prevent accidents in advance by reducing speed and safely proceeding the front door and the right and the right by the driver of the motor vehicle.

Nevertheless, the defendant neglected this and breathed the body of the victim D (the age of 67) who walked on the front side of the vehicle due to the negligence of driving the above vehicle in a red state and driving it on the red, taken the body of the victim D (the age of 67) who walked on the front side of the above vehicle into the road.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, resulting in the death of the victim at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A report on investigation;

1. Investigation report (field status, etc.);

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the relevant Act on the Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018);

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act;

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommendations] shall be the type of general traffic accident of Article 2.