A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a driver of freight vehicle C;

On October 6, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.178% with blood alcohol concentration around 18:30 on October 6, 2013, and proceeded with a single lane in front of the new, new, new, new, male, and Chinese-style apartment at Asan city with approximately 20km in the Sinsan Sin-si, Asan-si.

At the time, the Defendant had significantly weak the ability to properly operate the steering and brakes while under the influence of alcohol content of 0.178%.

In such cases, the defendant has a duty of care to immediately stop driving and prevent the accident in advance.

Nevertheless, the defendant neglected this and did not discover the victim D (80 years of age) who crosses the right from the left side of the proceeding direction to the right, and received the front part of the vehicle driving by the defendant.

Ultimately, the Defendant driven the said vehicle in a state where normal driving is difficult due to the influence of drinking, and caused the victim to die with a severe stop due to excessive surgery due to the diversification and internal damage at the F Hospital located in Asan-si E around 20:40 of the same day.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol content 0.178% of the blood alcohol concentration from the Do in front of the Do in front of the Do in the New Chang-si in Busan Metropolitan City to the front road of the Do in the New Chang-si in Busan Metropolitan City (hereinafter referred to as the “Asan-si”) on a temporary basis, such as the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Article 37 of the Criminal Code among concurrent crimes.