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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a car with Crato.
On July 3, 2014, at around 20:40, the Defendant driven the said vehicle while under the influence of alcohol of 0.098% of alcohol content, and led the Defendant to drive the said vehicle and drive it on the front of the mountain box located in the Sinsan-gun, Sinsan-gun, Sinsan-gun, Seonsan-gun, to drive it on the front of the mountain box.
The Defendant, as seen above, neglected to do so while driving a day-to-day week while under the influence of alcohol, caused the victim D (the age of 27) and the victim E (the age of 28) to be the front part of the said car.
Ultimately, the Defendant caused the death of the victim D due to the above occupational negligence, and at the same time caused the victim E to suffer injury, such as a prestigious fe, which requires approximately eight weeks of medical treatment.
2. Around 20:40 on July 3, 2014, the Defendant was driving a car with the Art. C A, a car on the front side of the Jinag-gun, Seosan-gun, Yansan-gun, under the influence of alcohol concentration of blood at a 0.098% alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A written statement;
1. A survey report on actual conditions, a traffic accident occurrence report, a death certificate, and a medical certificate;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of Acts and subordinate statutes to on-site photographs and motion picture photographs;
1. Article 3 (1), Article 3 (2) (proviso) 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (a point of sound driving);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Article 62 of the Criminal Act: