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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving of one ton cargo vehicle B.

On June 5, 2014, at around 19:35, the Defendant driven the above cargo while under the influence of alcohol with 0.217% of alcohol concentration, and led to the course of the Balk road in the joint venture market, which is in the operation of the joint venture Eup at the time of Jin-si, Jin-si, the Defendant driven the said cargo from the Gangnam-si to the galkin-si.

Since there is a narrow side road and a large passage of people, there was a duty of care to prevent accidents in advance by driving safely by reducing speed and safely examining the right and the right of the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant received the victim C (the age of 48) who is on the right side of the road as the cargo side of the Defendant's cargo vehicle and got the victim over the ground floor, and served the victim with the rear wheels of the cargo vehicle.

Ultimately, the Defendant caused the death of the victim from the emergency room of the Siljin General Hospital located in the 5-15 degree from the Siljin-si to the 5-15 degree of the Siljin-si on the same day due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A traffic accident report or report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A death certificate;

1. Application of photographic Acts and subordinate statutes to the victim's vehicle and accident site photographics;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Matters concerning orders to provide community service and attend lectures, Article 62-2 of the Criminal Act, probation, etc.;