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

around 21:55 on September 12, 2017, the Defendant driven an E K 3 car under the influence of alcohol leveling 0.125% from the 5km section to the 3rd distance near the D dormitory located in C, on which it is impossible to know the trade name in Asan-si B at around 21:55 on September 12, 2017.

On September 12, 2017, the Defendant was under the influence of 0.125% alcohol during blood, while driving the E K3-car in the state of under the influence of around 21:55 on September 12, 2017, and proceeded with a three-distance distance near the D dormitory in Asan City, Asan City, using the E-3-car in the state of alcohol concentration of 0.125%.

At the time, it was difficult at night and there was an intersection where signal lights are installed in the front door, so in such a case, a person engaged in driving a motor vehicle has a duty of care to see the front door and to prevent accidents in advance by accurately manipulating the brake system.

Nevertheless, the defendant neglected the above duty of care and neglected to drive in the front of the vehicle in a situation where normal driving is difficult due to influence of drinking, and failed to properly operate the brake system, and received the victim G (the 51 years old) who was driving a bicycle on the front part of the vehicle and passed the road without permission, and caused the victim to die by a low blood transfusion shock, etc. at the I hospital located at Asan-si H around 22:36 of the same day.

Summary of Evidence

"2018 Highest 1259"

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver at the main place of business, investigation report (the circumstances of the driver at the main place of business), 2018 Maz. 2246 Maz.;

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. Each police statement with respect to K and L;

1. A survey report on actual conditions;

1. On-site photographs;

1. A death diagnosis report or postmortem report;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

1. Relevant Articles of the Act and specific crimes concerning the crime.