beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) by the Defendant is a person engaging in driving a vehicle BAWE.
On May 21, 2018, the Defendant driven the said car while under the influence of alcohol 0.135% of alcohol level around 04:08, and driven the said car at a speed of 60km per hour from the Cheongan-ean Eup to the Cheongan-gun C at a speed of 60km.
At the time, there is a night, and there is a entrance into the village, so the driver of the vehicle has a duty of care to prevent the accident in advance by accurately manipulating the front door and the left door and the right and the left door in the driver of the vehicle.
Nevertheless, the defendant neglected this and did not discover the victim E (the age of 64) who was walking the above road due to negligence while driving the above vehicle without the driver's license while driving the vehicle and driving it on the road without the driver's license, and had the victim use it on the road.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by getting the victim to a G hospital located in Magpo-si F at 04:00 on the same day, which was transferred to the G hospital in Mapo-si.
2. From around 04:08 on May 21, 2018, the Defendant driven a B-Wood car under the influence of alcohol concentration of 0.135% without obtaining a driver’s license for a vehicle from around 3.5km to D-road in the same group as the I cafeteria located in H of the Jeonnam-gun, Military, Nannam-gun.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Report on the occurrence of a traffic accident, report on a traffic accident, and site photograph;
1. An investigation report (Attachment to a CD);
1. Investigation report (19 reporters J telephone communications);
1. Registers of driver's licenses;
1. A death certificate;