A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

The defendant is a person who is engaged in driving a KS7 car.

On November 27, 2016, the Defendant driven the said car under the influence of alcohol level of 0.216% from blood transfusions around 00:23 on November 27, 2016, and led the front of the road in the Gyeongbuk-gun E, one of which is the direction of the dypian history distance from the direction of the dypian history distance.

In such cases, a person engaged in driving service has a duty of care to check the safety of the course by checking well the front, left, and left.

Nevertheless, the Defendant neglected to drive the vehicle on the front side while under the influence of alcohol as above and found the victim G (47 years) who illegally crosses the road on the right side from the left side of the running direction of the vehicle at the time when he driven the vehicle at the front side of the said vehicle due to the negligence of driving the vehicle. As such, the Defendant was the victim on the right side of the said vehicle.

Ultimately, even though the defendant caused the death of the victim at around 00:43 on the same day due to severe pain damage, second damage, etc., the defendant immediately stopped and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a report on detection of a driver in charge of driving and a corpse examination;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational and actual death, the choice of imprisonment with prison labor), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of traffic accidents [the scope of recommending punishment] traffic accident and traffic accident under Article 55(1)3 of the Escape Act (the victim is also a traffic accident.