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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving of freight Class D Ⅱ.
On October 19, 2013, the Defendant driven the foregoing cargo vehicle with approximately 0.105% alcohol concentration around 01:58, while under the influence of alcohol, and led the Defendant to drive two lanes in the direction of “malutism distance” in the direction of “malutism” in Ulsan-gu, Ulsan-gu. 27-2.
At the same time, a person engaged in driving of a motor vehicle at night has a duty of care to reduce speed and to properly manipulate the steering direction and brakes, and to prevent accidents by accurately manipulating the steering direction and brakes.
Nevertheless, under the influence of alcohol, the Defendant did not discover the victim E (the age of 61) who was crossing the road on the right side of the left side of the Defendant’s course while neglecting it, and did not stop immediately and left the scene of the accident without taking necessary measures, such as providing rescue to the victim, while leaving the scene of the accident by taking the victim’s bridge over with the front part of the above truck’s steering.
Accordingly, the Defendant driven a cargo vehicle, driving a cargo vehicle through the above occupational negligence, resulting in the death of the victim, and escaped.
Summary of Evidence
1. Defendant's legal statement;
1. F or G police statement;
1. A H statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. The actual condition survey report;
1. On-site photographs, photographs of witnesses' motor vehicles, photographs of suspects, and photographs of suspect vehicles;
1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, and imprisonment with prison labor;