Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On March 23, 2015, the Defendant was under the influence of 0.187% of blood alcohol concentration around 16:25, and the Defendant was driving a Cpoter, spokeer, and to drive a cargo vehicle, which is owned by the Defendant, with two lanes in front of the E, which is located in D at the same time in the East Sea, and continued to proceed to the direction of the implied long distance from the middle distance along which the two lanes in front of the E is located in D at the same time.
Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.
Nevertheless, under the influence of alcohol, the Defendant received the front part of the victim F (M, 79 years old) who walked to the port from the right side of the crosswalk due to negligence, in front of the freight driven by the Defendant.
Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and caused the death of the victim due to the dystrophal damage caused by the coloring dystrophism, the gystropha damage caused by the dystrophal damage in the middle-patient hospital in Gangseo-gu, Gneansan District on April 8, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Application of Acts and subordinate statutes to the survey report on actual condition, report on the occurrence of a traffic accident, field map, report on the detection of drinking drivers, inquiry into the results of the crackdown on drinking driving, report on whether to drive any motor vehicle, report on whether to drive any motor vehicle, report on the scene of the accident, death certificate, death certificate, and photographs of the victim;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment) concerning the crime;
1. The following circumstances among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment for the two crimes) and other defendants: