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A defendant shall be punished by imprisonment for not less than one year and six months.
However, 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. The defendant is a person who is engaged in driving of BK7 vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;
On July 22, 2020, the Defendant driven the above vehicle while under the influence of alcohol of 0.103% of blood alcohol level on July 23:10, 202, and led the Dcheon-si, in front of the Dcheon-si, in the lower direction, to drive the above vehicle directly at an influence direction from the lower direction to the lower direction.
At the time, it is difficult to secure a view more than ordinary, because it is night and rained, and in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and left door and the left door and the left door, and accurately manipulating the steering system of the vehicle.
Nevertheless, the Defendant was negligent in driving while under the influence of alcohol and received the victim E (ma, 63 years old) who crossed the lane as the front part of the Defendant's vehicle.
Ultimately, the Defendant caused the death of the victim due to damage to the two parts and chests within the first-aid vehicle, which was sent back to F Hospital on July 22, 2020, around 23:29.
2. Around 23:10 on July 2, 2020, the Defendant driven 7 vehicles as stated in the above paragraph (1) while under the influence of alcohol by 0.103% in blood alcohol concentration from the H’s front road located G in Ycheon-si to the roads front of the Dnam-si store located in Ycheon-si C.
Summary of Evidence
1. The application of the Acts and subordinate statutes governing the CD-related business of reporting traffic accidents to the police's written statement of the defendant I at the time of the police's legal statement, the records of the accident, the investigation report on the situation of the driver's driver, the report on the results of the drinking driving control, the photographs at the scene of the accident No. 112 Report Report, each photograph explanation (bcambbox video-recording, screen photo-recording photo) 1, and the video-recording of the black box;
1. Relevant legal provisions for criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation of death by occupational negligence, the choice of imprisonment without prison labor), Article 148-2 of the Road