A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) is the person who is engaged in the driving of B Poter Cargo Vehicles;

On January 21, 2020, the Defendant was under the influence of alcohol 0.063% of blood alcohol level around 19:04, and was driving the Poter freight 0.063% of the above Poter, thereby proceeding with the national highway No. 37 in front of the Gyeongnam-gun Rural Village in the Gyeongnam-gun.

At the time, the road was at night, and it was a road that was driven without a streetlight, and therefore, the defendant was under duty of care to safely drive the road, such as reducing speed according to road conditions and operating the brake system accurately, and to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, failed to reduce speed by neglecting the duty of front-time care and failed to properly operate the brake system, was under the influence of the victim D (W, 83 years old) who walked along the right edge of the road above, and was under the front part of the head of the above cargo vehicle.

Accordingly, the Defendant caused the victim's death by the above occupational negligence at a medical corporation G hospital of F medical foundation G for the F medical foundation, which is located in G in Gyeong-nam-gun, 19:53 on the same day.

2. Around 19:04 on January 21, 2020, the Defendant driven the Poter truck under the influence of alcohol by 0.063% in the section of about 10km from the 10km to the site of the accident described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, Article 148-2(3)3 of the Road Traffic Act and Article 44 of the Road Traffic Act;