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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 03:30 on April 8, 2014, the Defendant: (a) driven C Poter truck under the influence of alcohol by 0.122% in a portion of about 1 Km alcohol content from the roads in front of the main Doraar located in the old-gun, Eup, the elderly old-gun, North, to the roads in front of the same king, king, and 33rd of the same Gun.
2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Category C cargo vehicles.
On April 8, 2014, the Defendant driven the above cargo vehicles around 03:30, while driving the above cargo vehicles, led to the road of 33 lanes in front of the king-ro 33th of the king-gun of the Gyeongbuk-gun, in consideration of the elderly stable room, from the museum room to the non-speed speed.
At the time, a crosswalk is installed at night and at the front, so in such cases, there was a duty of care to ensure safe operation by checking whether a person engaged in driving service is a person to reduce speed and to check the front door and the right and the right and the right, and by accurately operating the steering direction and the brake system.
Nevertheless, the Defendant neglected this and found the victim D (the age of 46) who was running in the vicinity of the center line of the road above the end of the horse above the end of the road above the end of the road above the end of the road above the end of the road above the end of the vehicle, but failed to stop, led the victim to an influent distance by being divided into the front part of the left-hand side of the vehicle and the left-hand side.
Accordingly, the Defendant caused the death of the victim due to the injury to clothes at the above temporary location due to occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. A death diagnosis certificate (D);
1. Written opinions of autopsy;
1. Application of the Acts and subordinate statutes of impeachment;
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act (Selection of Depository Punishment) and Articles 148-2(2)2 and 44 of the Road Traffic Act;