beta
Text
1. The punishment of the accused shall be one year;
2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
1. On January 27, 2016, the Defendant violated the Road Traffic Act (drinking) driven a Gra 6 Dozam under the influence of alcohol leveling 0.078% from the 10km section to the road near the access road of the F community hall located in E through the front road of the company in which the Defendant residing in B from the 5 Myeoncheon-ro Doz. 5 Doz. Doz., the Defendant driven a G Dozam under the influence of alcohol leveling 0.078% from the 10km section to the road near the access road of the F community hall located in E.m.
2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Gap 6 ELP.
On January 27, 2016, the Defendant driven the above vehicle under the influence of alcohol level of 0.078% during blood transfusion around 19:00, and proceeded at a speed of about 60 km per hour from the IC on the right side of the F Community Center in the vicinity of the access road to the village hall in the city of Jin-si at Jin-si.
At the time, since the above road is night and the above road is an intersection where signal is not installed, the driver of the vehicle has a duty of care to reduce the speed and drive safely while driving the vehicle at the front.
Nevertheless, under the influence of alcohol, the Defendant did not find out the victim H (W, 64 years old) crossing the road from the left side of the Defendant’s vehicle to the right side, while neglecting it, and received the part on the left side of the Defendant’s vehicle.
Ultimately, the Defendant caused the victim’s death by occupational negligence at the emergency department of the medical hospital located in the area of 5-15, 5-15, from the Jina-si, Jin-si, Chungcheongnam-si, Chungcheongnam-do, 19:49 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. Application of Acts and subordinate statutes to the detailed report on the state of the driver in charge and death certificate;
1. The point of death or injury caused by occupational negligence in the relevant legal provisions concerning criminal facts: Articles 3(1) and 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents;