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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death, etc.) (Dangerous Driving Death, etc.) the Defendant driven the said car while under the influence of alcohol around 19:50 on April 29, 202 as a person engaged in driving Bone Star motor vehicle, and led the two-lane road in front of Geumcheon-gu Seoul Metropolitan Government along one-lane toward the area of the additional digital group located on the side of the monopoly Station.
At the time, a crosswalk was installed at night and at the front door, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and operating the steering gear.
Nevertheless, the Defendant neglected this and proceeded without being able to drive normally due to influence of drinking, caused the death of the victim D (ma, 64 years old) walking along the crosswalk to port from the right side of the front direction of the Defendant’s running. On the same day, around 20:45 of the same day, the Defendant got the victim from the F Hospital located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul.
As a result, the defendant driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, resulting in the death of the victim.
2. On March 18, 2002, the Defendant was sentenced to a suspended sentence of ten months for a crime such as violation of the Road Traffic Act and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Southern District Court's branch on March 18, 2002. On March 8, 2007, the Seoul Southern District Court issued a summary order of seven hundred thousand won for a crime of violation of the Road Traffic Act at the Seoul Southern District Court.
【Criminal Facts】 On April 29, 2020, the Defendant described in paragraph (1) above from the roads front of the H Burial located in Geumcheon-gu Seoul Metropolitan Government on April 19:50.