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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 7, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act by the Incheon District Court on July 7, 2008. On October 18, 2009, the Defendant was sentenced to a fine of one million won for the same crime in the same court.
At around 03:40 on December 9, 2012, the Defendant driven the said car under the influence of alcohol of 0.161% with a view to normal operation due to the influence of alcohol, and proceeded with three lanes in front of the Gansan-dong 160-20, Bupyeong-gu, Incheon, Busan, about 60km at a speed according to two-lanes in the mountain basin of the Gansan-gu.
At the time, it is night and its location was dissatisfy due to the snow in the preceding day, so in this case, a person engaged in driving service has a duty of care to reduce the speed and to accurately operate the steering and brakes.
Nevertheless, the Defendant neglected to do so and neglected to stop on the right side of the vehicle of the Defendant, and the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on-hand-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on
Ultimately, the Defendant caused the death of the victim E (the age of 29) who was on the head of the Defendant’s passenger car operation in the above occupational negligence due to the injury of the two parts of the credit and the chest damage.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of police statement concerning C and F;
1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, and a protocol of inspection;
1. A written appraisal of blood alcohol, written consent to blood collection, and a report on the detection of a drinking driver;
1. A death certificate;
1. Records before judgment: Criminal records, etc., inquiry reports and application of Acts and subordinate statutes;
1. Article applicable to criminal facts;
A. The point of risk driving death: Aggravated punishment, etc. of specific crimes.