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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
1. Around 05:10 on August 28, 2014, the Defendant driven a CRW (BMW) 760 car in a state of under the influence of alcohol by about 6km from a section of approximately 0.12% of alcohol alcohol concentration from the beginning of the Seocho-si, Ansan-si to the roads near the Seocho-si, Gosi-si.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a passenger car in CBW 760.
On August 28, 2014, at around 05:10, the Defendant driven the said car while under the influence of alcohol, and proceeded with the roads near the front area of the member-gu in Ansan-si at the time of Ansan-si to the lower area of the road.
At the time, there is a new wall time and a bicycle lane is installed on the right side of the defendant's proceeding, so in such a case, a person engaged in driving duties has a duty of care to drive safely along the car line.
Nevertheless, the Defendant got street lamps and street trees from a bicycle lane beyond the right side of the road due to the negligence of driving on the roadside while under the influence of alcohol, and received the victim D (the age of 45) who was getting on a brea bicycle.
After all, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the death of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each of the Acts and subordinate statutes stated in the traffic accident report, traffic accident report, report on the occurrence of the traffic accident, report on the situation of the drinking driver, written examination of body, written examination of autopsy, written examination request for appraisal, and written examination of detection of the drinking driver (A);
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.