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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
1. On August 21, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was under the influence of alcohol content of 0.149% among blood transfusions on August 21, 2015, the Defendant’s vehicle was operated by the Defendant’s vehicle in front of the Yecheon-dong Fire Station in the same year at the police station in the same sea as the speed of about 101km in
The location is a three-distance intersection and there was no road in the direction of the road, so in such a case, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right of the motor vehicle and to prevent the accident by accurately
Nevertheless, the Defendant neglected this and caused the death of the “F Hospital” located in Gangseo-si E on the same day due to the low blood relative shock, etc. of the victim D (26 tax) who was fluored and fluored in the front side of the Defendant’s vehicle by putting the street trees out of the Indian boundary located on the front side of the Defendant’s vehicle.
2. Defendant 1 operated Defendant 2’s vehicle at the section of approximately 1.2 km from the street in front of the Yecheon-dong’s “Secheon-dong,” to the street in front of the same 1.2 km, while under the influence of alcohol with a blood alcohol concentration of 0.149 percent at the above time.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. A death certificate;
1. Application of Acts and subordinate statutes to a report on the detection of a driver engaged in primary production and a statement of alcohol alcohol during blood;
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. Reasons for sentencing under Article 62(1) of the Criminal Act is as follows.