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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) is a person engaging in driving service of the MF5 vehicle volume.
On December 23, 2016, around 22:07, the Defendant driven the said vehicle at a ethic speed in the direction of Samsung 5-lane, as the welfare center for the disabled of the disabled of the 51-lane, in the direction of Samsung TI, with four lanes in the direction of Samsung TI, and proceeded at a ethic speed.
At the time, the road was installed at night and at that time, the center line of yellow solid lines and the center line in the center of the road was installed, so in such a case, the driver of the vehicle had a duty of care to safely drive the vehicle in a safe manner and prevent accidents in advance by viewing the front line and the left, accurately manipulating the steering system and operating the steering system.
Nevertheless, the Defendant neglected this and was negligent in proceeding beyond the center line and the center line of the road, and was negligent in driving the victim FF (43 years old) driving along two lanes in the opposite direction to the Defendant’s proceeding, and received the front part of the Defendant’s vehicle as the front part of the Defendant’s vehicle.
As a result, the Defendant driven the said car, resulting in the death of the victim from external shock shocks at a single university of the Republic of Korea and a university affiliated hospital affiliated with the university of the Republic of Korea, which is located in 201 South-dong-gu, South-gu, Dong-gu, Seocheon-gu on December 23, 2016 at around 23:19.
2. On December 23, 2016, the Defendant violated the Road Traffic Act (drinking driving) driven the EM5 vehicle from the front 5 main road located in the Sung-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, in the state of alcohol concentration of 0.150% in alcohol during blood transfusion around 22:07 to the front 4km of the Welfare Center for Persons with Disabilities.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Report on the occurrence of a traffic accident, and each photograph;
1. A report on the detection of a primary driver;
1. A death certificate;
1. Application of CD-related Acts and subordinate statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;