A defendant shall be punished by imprisonment for five years.

Punishment of the crime

The defendant is a person driving a C-learning car.

On December 7, 2014, at around 04:30, the Defendant driven the said car under the influence of alcohol of 0.082% with a blood alcohol concentration of 0.082%, and led to a two-lane in the direction of the Saemaeul distance in the direction of the Saemaeul-gu, Daegu.

Since there was a crosswalk in which signal apparatus has been installed at the front door of that place, the victim D (22 years old) who was driving a bicycle driving on the left side of the direction of the vehicle due to a pedestrian green signal from the occupational negligence attributable to the red signal of the vehicle, despite the fact that there was a duty of care to prevent the accident by observing the signal, did not take necessary measures such as aiding the victim's bicycle driving on the right side of the vehicle by taking the bicycle driving on the front side of the defendant's vehicle, causing the victim's death due to an injury to an external wound during treatment at the Amtima Hospital located in the Daegu-gu, Daegu-gu, Amyangyang-gu, Seoul, and caused the victim's death, and at the same time, destroying the bicycle owned by the victim to take approximately KRW 200,000 for repair cost, and aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Written estimates;

1. Video CDs;

1. A report on detection of a host driver;

1. The report on the occurrence of a traffic accident, the report on a traffic accident (1) and the map of an escape route;

1. Application of Acts and subordinate statutes to each investigation report (applicable to the distance of sound driving and mark, suspect-friendly E-mail, witness's telephone call, and reasons for the entry of drinking driving);

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;