A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two 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 a passenger car in D.

On September 12, 2016, the Defendant driven the above vehicle under the influence of alcohol content of 0.124% in the blood alcohol level, and proceeded with the internal mar-type path from the camb from the camb from the cambri-distance to the cambri-distance, as long as it is on the route of the route in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

At that time, it is difficult to secure the view with a new wall at the time. In such a case, the defendant engaged in driving of the motor vehicle has a duty of care to observe the restricted speed and safely drive the motor vehicle to prevent the accident in advance.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취한 채 제한 속도를 시속 93km 초과하여 그대로 진행하다가 전방 원형 로터리에 설치된 연석을 피고인 차량 전면으로 충격하여 차량이 로터리 내 잔디밭에서 뒹굴게 하고, 이 과정에서 피고인과 동승 자인 피해자 E(24 세) 이 차량 밖으로 튕겨 져 나오게 하였다.

Ultimately, the Defendant sent the victim to the emergency room of F hospital due to the above occupational negligence, but caused the death of the two parts during emergency treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. A report on the detection of a primary driver;

1. A death diagnosis certificate, reply to a request for appraisal, and a traffic accident analysis report;

1. Application of statutes, such as site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of a person resulting from occupational negligence, the choice of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of a person driving alcohol and the choice of a person sentenced to imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and: