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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant is a driver of a vehicle with soflurd C.
On June 7, 2017, the Defendant driven the said car under the influence of alcohol content of 0.179% during blood transfusions on June 23:50, and driven the road front of the gas station located in Daegu-gu Dong-gu D, as one-lane.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle with a view to driving the motor vehicle on the front door and on the set speed.
Nevertheless, the Defendant was negligent in driving a road 70 km a speed of about 110 km per hour while under the influence of alcohol at a speed of the highest speed, and the Defendant did not avoid Daegu G 125 cc of the victim F (15 cc) driving from the two lanes at the end of the time to the one-lane, and received the back part of the left-hand part of the vehicle of the Defendant as the front part of the vehicle of the Defendant.
As a result, the Defendant suffered injury to the above F by blood transfusions under approximately 12 weeks of medical treatment, and at the same time, caused the victim H (15 years of age) who was on board the back seat of the said Y to die with cerebral transfusions during medical treatment at the Daegu Pacific Hospital around June 15:26, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect with respect to F;
1. Each police statement made to I and J;
1. A survey report on actual conditions;
1. On-site photographs (No. 3) of the accident site photographs, CCTV images of the K Center in front of the accident site, and CCTV images of a restaurant at the accident site;
1. Notification of traffic accident analysis and appraisal reports, traffic accident analysis reports, and traffic accident analysis results;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Application of Acts and subordinate statutes to death certificates and diagnostic certificates;
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1), proviso of Article 3(2)3 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44 of the Road Traffic Act concerning criminal facts.