A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a person who is engaged in driving a C-3 car.

On February 23, 2018, the Defendant driven the said car under the influence of alcohol level of 0.171% during blood transfusions on February 23, 2018, and led the Defendant to proceed to the rental line from the direction of the city near the “E Gas station” located in Gangwon-gu, Gangwon-do.

At the same time, there was a duty of care to prevent accidents by safely driving the steering system, steering system, brakes and other devices, etc. with the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant failed to operate hand signals in the direction of the road while driving the said car while driving the car, and was negligent in driving it as it is, the Defendant got off the drums installed at the intersection of the revolving and shocked the drums installed on the right side of the road.

Ultimately, the Defendant caused the death of the Victim F(22) who was accompanied by the said car due to the above occupational negligence by pressure on brain.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. A written appraisal of alcohol during blood;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of and the selection of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol driving and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant's reasons for sentencing Article 62-2 of the Criminal Act, while driving a drinking alcohol, caused a traffic accident and the victim's death, etc., the defendant's crime of this case is serious, and the defendant is recognized.