A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

1. Around 00:06 on February 27, 2019, the Defendant driven a DNA car under the influence of alcohol with approximately 500 meters alcohol concentration of approximately 0.096% from the section of approximately 500 meters from the front of the Nam-gu Incheon Metropolitan City B to the front of the Incheon Dong-gu C.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) by the Defendant is a person who is engaged in driving a DNA franchise and passenger vehicle.

On February 27, 2019, at around 00:06, the Defendant driven the said car under the influence of alcohol level of 0.096%, and made a turn to the left-hand turn to the left-hand turn from the south-gu Incheon Metropolitan City, Nam-gu, to the fside from the north-gu, Incheon, Sari-gu.

It is a road where the passage of a vehicle is frequent and where the left-hand turn is possible, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the brake system so as not to obstruct the traffic of a vehicle that is straight from the opposite side at the time of left-hand.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and continued to do so, and at the same time, the Defendant was placed in front of the Defendant’s car in front of the passenger car of the victim G (the age of 47) who was going to go in accordance with the Egypt from the 1 Dong Community Service Center to the Egypt.

Ultimately, the Defendant caused the death of the victim due to cerebral injury from the I Hospital located in the Namdong-gu Incheon Metropolitan City, where the victim was under medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Medical opinion, each medical certificate, and opinion;

1. Residents' inquiry;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article of the Act on Criminal Facts and the Act on December 14, 2018 at the option of punishment.