A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant is a person who is engaged in driving of a C Poter freight vehicle.

On March 19, 2015, the Defendant driven the above vehicle while under the influence of alcohol of 0.175 percent of blood alcohol concentration around 18:20 on March 19, 2015, and led the Defendant to proceed in the direction of port in Yongcheon-do along the two-lanes in front of Yongcheon-si, Doamri 852.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to safely operate the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected this and caused the death of the victim D (the age of 71) who was crossing the right from the left side of the running direction by the negligence of driving a full-time under the influence of alcohol, and obtained the body of the victim D (the age of 71) who was crossing the above vehicle as the front part of the above vehicle, and caused the victim to die at the low blood level of 28 national highways from the high-speed border of Yongcheon-si around 18:50 on March 19, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The application of Acts and subordinate statutes to report on investigation (in case of attaching photographs of the site and body photographs);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment);

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 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The sentencing guidelines [Scope of Recommendation] set forth in the category 2 (Death, etc. caused by Traffic Accidents) and the scope of mitigation (4 to 10 months) (Special Mitigation (Aggravated Mitigation)) of ordinary traffic accidents shall also be caused by gross negligence on the occurrence of traffic accidents or expansion of damage.