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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of CKak Freight cars.
On December 29, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.106% without obtaining a driver’s license, and the Defendant driven the said vehicle and driven the said vehicle to the high-Eup of the nautical miles from the direction of the “nautical miles elementary school”, where the nautical miles of the frontwest-gun, the right to drive the vehicle.
At night, there was a duty of care to prevent accidents in advance by thoroughly operating the steering system and operating the steering system as well as the steering system.
Nevertheless, without the driver's license, the victim D (the age of 59) who was on the right-hand side of the Madern road by negligence while under the influence of alcohol without the driver's license is found to be late, and the victim was faced with the upper part of the upper part of the above vehicle and then went beyond the floor.
Nevertheless, the Defendant immediately stopped the vehicle and failed to take necessary measures, while driving the vehicle, and driving approximately 1.3 km on the lower part of the vehicle, thereby causing the victim to die as brain damage. After finding it, the Defendant, even after stopping the vehicle, did not take necessary measures and escaped without taking necessary measures.
Summary of Evidence
1. Defendant's legal statement;
1. The actual survey report and on-site photographs;
1. A written result of autopsy;
1. A report on detection of a host driver;
1. Registers of driver's licenses (A and non-licenses);
1. Application of Acts and subordinate statutes governing requests for appraisal;
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the same Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of punishment;
(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes: