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Defendant shall be punished by imprisonment without prison labor for a period of one and half years.
Of the facts charged in the instant case, the charge of violating the Road Traffic Act (driving) shall be acquitted.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of a motor bicycle not registered.
On September 9, 2012, the Defendant driven the above motorcycle under the influence of alcohol on September 06:50, while driving it, led to the speed of about 40 km from the original station to the intersection of the road near the boundary line of the Suwon-si, Suwon-si.
At this point, there is a duty of care to prevent accidents in advance by safely driving a motor bicycle, such as not close to the side of the road, by accurately manipulating the steering gear, brakes, etc. for the driver of the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the above motorcycle by driving it near the right side to the right side of the road, and the victim E (the age of 24) who was on the right side of the above motorcycle, followed by his shocking the curbstones on the front right side of the above motorcycle.
As a result, the Defendant suffered from cerebral cerebral ties by occupational negligence, and caused the victim to die due to cerebral cerebral ma, etc. while sent back to the F Hospital located in the Suwon-si, Suwon-si on September 18, 2012.
Summary of Evidence
1. Legal statement of witness G, H and I;
1. Statement of the police statement to J;
1. The actual condition of traffic accidents;
1. A death diagnosis report and a written record of autopsy;
1. Each request for appraisal;
1. The following circumstances acknowledged by the comprehensive analysis of traffic accidents and the evidence as follows are not found in the back side of the Otobbbbbbs, which are close to the victim's left-hand side, and it cannot be readily concluded that the bucks are in danger due to vehicle shock and shock, and the vehicle shock caused by the comprehensive analysis of traffic accidents.