Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.

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

Criminal facts

The defendant is a person who is engaged in driving of C1 ton cargo vehicles.

On August 19, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.018% during blood transfusion around 13:49, while driving the said vehicle, and driven the three-lanes of the three-lanes in front of the E located in Gangseo-gu Busan Metropolitan City D at the speed of about 83.3km in the direction of the signal crossing from the direction of the signal crossing.

Since there is a place where a crosswalk is installed, in such a case, there was a duty of care to ensure safe operation by accurately operating the steering gear and the steering apparatus while complying with the regulatory speed and signal for a person engaged in driving a motor vehicle, and taking care of whether there is a person walking on the crosswalk.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at a speed exceeding 13 km speed than that of speed in violation of the signal, and caused the victim to go beyond the floor by driving ahead of the victim F (n, 40 years old)’s left-hand buck paper.

Ultimately, at around 14:39 of the same day, the Defendant caused the death of the victim due to the above occupational negligence, such as the damage of the crypus at the Busan National University Hospital located in Seo-gu, Seo-gu, Busan National University.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Responses to the results of traffic accident reports and traffic accident investigation and analysis;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to accident vehicles and field photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances required for the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Community Service Orders and Orders to attend lectures;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The scope of punishment recommended on the sentencing criteria [the types of traffic accidents] shall be general traffic accidents;