A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On October 19, 2014, at around 18:25, the Defendant driven the above cargo vehicle with a blood alcohol concentration of 0.140%, and had the front of the church opened on the new 2-lane at the new eth of the new ethic road, which is opened on the new ethic road.

A person engaged in driving duties of motor vehicles has a duty of care to prevent accidents in advance by keeping the front door and left door well and safely.

Nevertheless, the defendant, while under the influence of alcohol, found the victim D (n, 85 years old) who crosses the road to the right side from the left side of the marina course direction by the negligence of unbreading the front side, and operated the brake system late, but did not avoid the situation and did not get the victim of the above cargo, and got the victim of the above cargo to go beyond the road.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the Red Cross Hospital located in the Republic of Korea in 53, which had been living at around 21:40 on the same day and caused the death of the victim due to serious brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, 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 (the point of sound driving, the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The basic area (8 to 1.6 months) of the type of general traffic accident (special mitigation) (special mitigation) (special mitigation) / In a case where illegality in the proviso of Article 3(2) of the Act on Special Accounts of School, is serious (decision of sentence], and the defendant agreed with the representative of his/her bereaved family members.