A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On May 6, 2017, the Defendant driven the said car with a alcohol content of 0.058% 0.058% in blood around 01:26, and proceeded at a speed of about 50 km in Si/Gun/Gu, depending on two lanes in the four-lane radius from the National University Hospital in Yong-Namnam University in the direction of Daegu-gu.

At the time of night, in such a case, there was a duty of care to safely drive a motor vehicle by checking the right and the left of the motor vehicle to a person engaged in driving the motor vehicle, such as checking whether there is a person.

Nevertheless, the Defendant neglected this and found the victim C (43) who was a breath on the left side of the road on the right side due to the negligence of driving a full-time while under the influence of alcohol, and caused the victim to go beyond the road by taking the breath of the vehicle.

As a result, the Defendant caused the victim to die due to severe cerebral injury in the emergency room of the Yong-Namnam University Hospital near 02:15 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Criminal Facts, Article 268 of the Criminal Act (the occupation of occupational and dental doctors), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the occupation of drinking alcohol)

1. Selection of each sentence of imprisonment without prison labor for a crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Death, etc.;

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. Article 62(1) of the Criminal Code of the Suspension of Execution (it is so agreed with the victim's bereaved family members, in which circumstances may be taken into account in the course of the occurrence of the accident).