A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date of the final judgment.

Punishment of the crime

The Defendant is a person who is engaged in driving of C1t and C cargo vehicles, and around 16:10 on October 11, 2013, the Defendant driven the said vehicle under the influence of alcohol concentration 0.123% on blood alcohol level, and led the Defendant to drive the said vehicle in the direction of the Jinan-gun, Jinan-gun, Jinan-gun, Jinan-gun, Seoul, in the direction of the Jinan-gun.

At that time, there are people walking around the road as commercial areas, and the victim D(42 years of age) is walking on the right side of the defendant's proceeding, so the defendant engaged in driving of the motor vehicle has a duty of care to properly look at the front and rear left, accurately manipulate the steering direction and brake system, and prevent the accident from occurring.

Nevertheless, even though the defendant neglected this and did not discover the victim and did not stop immediately and escaped without taking measures, such as aiding and aiding the victim, even though he had the victim use the victim on the above road by shocking the right upper part of the cargo vehicle.

Ultimately, around October 30, 2013, at E Hospital around 20:16, the Defendant caused the death of the victim with brain pressure from cerebral blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A survey report on actual condition, an accident photograph, and a photograph of the deceased;

1. A report on detection of a host driver;

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

1. Relevant Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The Criminal Act, the suspension of execution;