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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
1. On October 15:18, 2020, the Defendant driven a Epoter II cargo vehicle under the influence of alcohol leveling 0.206% from the section of approximately 2.1km to the road in front of the marging point of “D” located in the sphere of Suwon-si, Suwon-si, Suwon-si, Suwon-si, from around 15:23 to the road in front of the marging point of “D”.
2. On October 7, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. resulting from Dangerous Driving) driven the freight vehicles specified in paragraph (1) in front of “G” located in Suwon-si F, Suwon-si, with alcohol level of 0.206% in blood, while driving the freight vehicles specified in paragraph (1) at a level of alcohol level of 0.206% in blood, and driving the freight vehicles at the direction of the Jin-gu, Agriculture, Forestry, and the left turn from the sloping distance of the above “G” to the left turn at the speed of about 20km in front of the powder point specified in paragraph (1).
Since there are no protective left-hand turn and a crosswalk where signal, etc. is installed, there was a duty of care to safely drive a motor vehicle and prevent accidents by safely checking whether there is a person driving the motor vehicle to reduce the speed and to turn left-hand, while checking whether there is a person driving the motor vehicle.
Moreover, the Defendant was in a situation that is difficult to drive normally due to influence of drinking, such as the Defendant was under a situation that makes it difficult to drive normally due to the influence of drinking, because he or she has a little gap between a group of teams and a group of teams in the vicinity of apartment as stated in paragraph 1 on the same day.
Nevertheless, the Defendant neglected to do so and neglected so and, due to the negligence of the Defendant, caused the victim H (the age of 64) who was about to build the crosswalk in accordance with the pedestrian signals to go beyond the ground by taking the front side of the above cargo vehicle's right side, and led the victim in excess to the front wheels of the above cargo vehicle's right side.
As a result, the Defendant had been receiving medical treatment at the J hospital located in Young-gu, Youngwon-si on October 12, 2020, around 21:20.