A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving of B 2 cargo vehicles.

On September 18, 2015, the Defendant driven the above cargo while under the influence of alcohol of 0.088% with a blood alcohol concentration of 04:50% on September 18, 2015, and proceeded with the roads in front of the 369 eroppopon city, as in the fluence of the original city of Seocheon-gu, Seocheon-gu.

As such, the Defendant engaged in driving of a motor vehicle had a duty of care to take the front side and left side and left side well, and to accurately manipulate the steering direction and brakes so as to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant found the victim C (A, 70 years old) who crosses a bicycle on the left side of the Defendant’s vehicle from the Defendant’s negligence and was negligent in driving the bicycle, and received the part of the bicycle driving by the victim in front of the said car.

As a result, the Defendant caused the death of the victim due to such occupational negligence, such as a low-weight shock shock from the Gancheon-si Hospital of the 170 Yancheon-gu, Busan-si, which was under the follow-up treatment at around 08:36 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control, photographs related to accidents, and application of Acts and subordinate statutes of written appraisal for traffic accident analysis;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of a person causing death by occupational negligence, the selection of a imprisonment without prison labor and the selection of a person who commits a crime);

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

3. The reasons for sentencing under Article 62(1)(i) of the Criminal Act (hereinafter referred to as the following favorable circumstances) include: (a) the Defendant’s mistake reflects in depth; (b) the victim’s bereaved family members and the first offender are determined as the sentence upon consideration.