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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 19, 2014, at around 23:05, the Defendant driven CM5 vehicle while under the influence of alcohol content of about 0.160% at the section of about 10km from the 10km to the front road of the entrance of the racing-dong market, which is located in the arche-dong of the racing-si.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving the said car;
As above, the Defendant, while under the influence of alcohol, driven the said car and proceeded at an insular speed along the three-lane road in front of the racing-dong market at the time of the racing, from the front side of the racing to the front side of the racing.
At the time, at the night, there was a crosswalk where signal lights were installed on the front door, so there was a duty of care to check whether a person engaged in driving of a motor vehicle was a person to reduce speed and to see well, and to prevent an accident in advance.
Nevertheless, the Defendant neglected to drive the crosswalk in a state where it is difficult to drive the crosswalk normally due to influence of drinking, and did not immediately discover the victim D (the age of 59) who cross the crosswalk from the right side of the Defendant’s driving direction to the left side of the crosswalk, and did not avoid it, and received the victim from the front side of the truck.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in the East National University, University, Racing Hospital, etc., located in 87, from the East National University, which was under the follow-up treatment around 06:40 on August 20, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Each police statement concerning E and F;
1. Each traffic accident occurrence report, actual condition survey report, 16 copies of field photographs, and vehicles under consideration;