1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On August 13, 2013, the Defendant driven a 1 ton cargo vehicle B while under the influence of alcohol at 00:05, while driving a 0.134% alcohol level, and driving the road front of the mountain village in the mountain village in the mountain village in the mountain village at the time of Yansan, the Defendant, by negligence in the course of duty, led the Defendant to fall down on the left side of the rear direction by the Defendant’s cargo vehicle under the influence of alcohol, while driving the road front of the mountain village in the mountain village in the mountain village at the time of Yansan.

As a result, the Defendant caused the death of the victim C (V, 59 years of age) who was accompanied by the said cargo vehicle at around 01:37 on August 13, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the actual condition survey report, field photograph, autopsy report, report on detection of a host driver, circumstantial statement of a host driver, each investigation report, written report on a corpse inspection report, and each record or video statute;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment: The latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of the death or injury caused by dangerous driving) Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of punishment: Imprisonment for not less than six months to not more than fifteen years (selected of imprisonment, aggravation of concurrent crimes, and discretionary mitigation);

2. Basic area of sentencing guidelines [decision of types] Transport Crime Group, General Traffic Accident Type II (Recommendation Death of Traffic Accidents): Imprisonment with prison labor for up to eight months from one year to six months: Driving under the influence of alcohol.

3. Determination of sentence: Ten months of imprisonment; and

4. Whether or not to suspend the execution: Two years of the suspension of the execution [main reasons for the suspension of the execution] positive: Non-compliance with the punishment, negative results that there is no record of criminal punishment: Death, drinking driving [general reasons for the suspension of the execution] positive: good reflect; and