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

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.

Punishment of the crime

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

On November 7, 2015, the Defendant driven the said car with a alcohol content of 0.084% 0.084% during blood transfusion, and continued to drive the said car along the three-lane road in the south-gu Seoul metropolitan area along the four-lane distance from the four-lane distance from the Young-gu Hospital.

At the time, there was a duty of care to reduce the speed, to take the right and the right and the right on the road, to prevent accidents by accurately manipulating the steering and operation of the steering system for the driver of the motor vehicle.

Nevertheless, the Defendant did not avoid the victim E (80) who was unclaimed on the left side of the Defendant’s running direction due to negligence while neglecting the duty of her on the front side while under the influence of alcohol and neglecting the duty of her on the front side, and received the said victim from the front side of the said car.

Ultimately, the Defendant’s negligence in the above occupational negligence caused the death of the Daegu Tol University Hospital, located in 17:33 degrees from the Daegu Nam-gu double-gu, where transmission treatment was conducted after around 16:32 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver involved in driving, making a report on detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

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

1. On-site inspections and photographs of accidents;

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 provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)3 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines [the scope of the punishment] shall be the type of ordinary traffic accidents;