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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
[Criminal Power] On March 31, 2015, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court for a violation of the Road Traffic Act (driving).
【Criminal Facts】
The defendant is a person who is engaged in driving a B-Wood vehicle.
On October 27, 2019, the Defendant driven the said car under the influence of alcohol of 0.196% on blood alcohol level on October 27, 2019, and led to the flow of the four-lane road adjacent to the lower quarter of the Seoul Southern Metropolitan Highway along the one-lane from the upper ICC to the Western IC.
At the time, C's DK5 car stops in the front side of the defendant at the time, due to the preceding accident, C's DK5 car was parked in the front side of the left side, and the victim E (V, 30 years old) was on the side for follow-up measures against the preceding accident, so in such a case, the driver of the motor vehicle has a duty of care to take care of the front side and prevent the accident by accurately manipulating the steering direction and brake system.
Nevertheless, under the influence of alcohol, the Defendant, while proceeding as is without being negligent, was negligent in driving on the left side of the said expressway, and was negligent in driving on the side along the front part of the Defendant’s vehicle E by going to the front part of the vehicle and received the part behind the said K5 vehicle.
Ultimately, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and caused the victim E to die due to damage within two parts of the said K5 vehicle by driving the said vehicle under the influence of alcohol, and at the same time, caused the victim F (F, 57 years of age) who took advantage of the said K5 vehicle to suffer injury, such as the 1 wn wn wn wn wn wn wn wn.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to C and G;
1. Reports of traffic accidents (1), traffic accident reports (2), field photographs, notification of the results of the regulation of drinking driving;