A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a C-A-car.

On July 13, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.065% around 03:40 on July 13, 2016, and led the Defendant to drive the said car at a speed of about 45km in the vicinity of the E company located in the Chungcheongnamcheon-gun, Chungcheongnam-gun.

At the time, there was a night and safe opening difficult to secure the night, so there was a duty of care to live well the right and the right and the right and the right of the driver of the vehicle, and to accurately operate the steering gear and the steering gear.

Nevertheless, under the influence of alcohol, the Defendant found the victim F (M, 87 years old) on the road front of the Defendant’s vehicle driving direction by negligence and found it late, and operated it rapidly, but did not avoid the Defendant’s vehicle, and received the victim as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim by his occupational negligence.

2. The Defendant, at the time and place specified in paragraph 1, driven C Eccoo vehicle while under the influence of alcohol by 0.065% of blood alcohol level at the time and place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. An actual survey report, a report on the occurrence of a traffic accident, a situation report, and an on-site map of a traffic accident;

1. Report on the results of the drinking driving control and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning 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, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment);

2. Of concurrent crimes, the punishment of the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act shall be heavier.