A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant is a person who is engaged in driving of C C C C, a car.

On June 17, 2015, the Defendant: (a) driven the said vehicle on the side of the treatment steering line located in the Ariju-dong at Ariju-si on June 23:24, 2015, while under the influence of alcohol by 0.107% of alcohol concentration, the Defendant did not discover the victim D (48 years of age) who was under the influence of alcohol due to occupational negligence crossing the said vehicle without permission from the right side of the said vehicle to the left side while driving the said vehicle at a speed of 77 km per hour at a speed of 0.107% of alcohol concentration in blood; and (b) caused the death of the victim by having the victim go beyond the upper part of the front glass part of the vehicle while driving the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a driver and a copy of autopsy report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act within the scope of the sum of the long-term punishments of the above two crimes in the crime of death by occupational negligence with heavy penalty: Provided, That the lowest sentence shall be the penalty determined for the crime of violation of the Road Traffic Act, and the punishment shall be punished by imprisonment

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommendation] is the case where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Punishment of Traffic Accidents is serious [the decision of sentence] in the case where the victim was negligent in causing traffic accidents or expanding damage in the area where mitigation of traffic accidents (4 to 10 months) is mitigated (special mitigation).