Text
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 a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who drives a passenger car at DWz E220.
On August 27, 2016, while under the influence of alcohol 04:42% from blood, the Defendant driven the said car as his duties, and led to a road of one-lane in front of “F Health Center” located in Chuncheon-si, E, by driving the said car at a 0.163% alcohol level, from the surface of the square of yeast-si to the width of filial children.
In this case, there was a duty of care for those engaged in driving motor vehicles to live well on the front side and the left side and drive the steering gear accurately and safely.
그럼에도 피고인은 음주의 영향으로 정상적인 운전이 곤란한 상태에서 위와 같은 주의의무를 게을리 한 채 위 승용차를 운전한 과실로 반대편 길가에 있는 전봇대를 위 승용차 옆 부분으로 충격한 후, 위 전봇대 전방에 있던 가로수 여러 그루를 위 승용차로 잇달아 충격하여, 위 승용차에 동승하고 있던 중 위 충격으로 위 승용차 밖으로 튕겨 져 나간 피해자 G( 여, 25세 )를 위 승용차 좌측 앞부분으로 역과하였다.
Ultimately, around August 31, 2016, the Defendant: (a) caused the death of the victim G by brain livers, etc. at the Gangwon-do University Hospital located in Gangwon-do, 156, Gangwon-do, where he was receiving treatment after sending the victim G on August 31, 2016; (b) suffered injury to the victim H (V, 25 years of age) who was on the said vehicle, for about four weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. A traffic accident report (1), (2) (2) (each on-site survey report), on-site photographs (44), and vehicle photographs (17 pages);
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. A report on whether to drive any danger;
1. Application of Acts and subordinate statutes to death certificates (G) and each medical certificate (H);
1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing an injury by driving under influence of alcohol) as to the crime committed under the pertinent Article of the Act.