A defendant shall be punished by imprisonment 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

On September 8, 2016, the Defendant, while under the influence of alcohol 0.134% on blood alcohol level at 0.17:00, the Defendant driven the D-wing-III Cargo Vehicle and proceeded along the two-lane road in front of the fishery tunnel as the wife population at Young-si. On September 8, 201, the Defendant did not look at the victim E (44 years of age) who is under traffic control due to the construction of the Oral Electric Works at the Oral Town and went beyond the Defendant’s front part of the vehicle.

As a result, the defendant driving the above cargo in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to die due to the low blood shock from the cryp crym fry at the above place at around 17:28 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of F or G;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the selection of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the scope of adding up the long-term punishments of the above two crimes: Provided, That the lowest limit shall be the penalty determined for the violation of the Road Traffic Act];

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents (Type 2 (Class 8 to 2) (Special Mitigation) / In the case of the basic area (Class 8 to 2) (including special mitigation) / Influence (including efforts to recover damage) / Driving, etc. [Pronouncement Decision] the defendant is driving in drinking condition and has a serious result of the death of the victim due to the shock of the victim under traffic control while driving in drinking condition, the defendant is against the victim, the defendant has agreed with the victim's bereaved family members, and the victim's bereaved family members seek a prior action against the defendant.