A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the charge of violation of the Road Traffic Act (not later than the accident) shall be acquitted.

Punishment of the crime

1. Around 00:05 on January 2, 2018, the Defendant was driving a C low alcohol vehicle under the influence of alcohol content of about 0.107% at the 3km section of alcohol, from the Do in front of the heart cafeteria located in the Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon to the direction of the entrance of the Seo-gu, Daejeon Pung-gu at the entrance.

2. On January 2, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) was under the influence of alcohol content of 0.107% in blood at around 00:05, the Defendant driven the said car as his/her duties and proceeded three-lanes of the three-lane road of the entrance of the Daejeon Pungdong-gu, Daejeon Pungdong-gu, with the flow of the Gu rocks at the dives of the Gu rock.

At the same time, traffic signals are installed, and at the front of the defendant's running lane, E EM car driven by the victim D(n, 34 years old) stops for the signal waiting, so in such a case, a person driving a car as a duty has a duty of care to prevent accidents by thoroughly operating the steering direction and brake system at the front of the passage of the defendant.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and received the rear part of the damaged vehicle as the front part of the Defendant’s vehicle by negligence.

The Defendant, by such occupational negligence, received medical treatment from the Seo-gu, Seo-gu, Seo-gu, Daejeon, Seo-gu, Seoyang National University Hospital due to acute brain death, and caused death in the long term after the brain death judgment on January 9, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Statement of the police statement related to G;

1. The application of Acts and subordinate statutes of the inspection report on the actual condition of traffic accidents, photographs of the scene of accidents, notification of the results of crackdown on the driving of alcohol, the circumstantial statement of the driver in charge of driving, death certificate, brain death ruling form, and autopsy protocol;

1. The relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Selection and Settlement of Traffic Accidents, and the Criminal Act;