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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a C-A-hurd motor vehicle.
On August 3, 2013, the Defendant driven the said car under the influence of alcohol of 0.202% with no driver's license on August 17:3, 2013, while driving the said car at a speed of 0.20%, and driving the side road of 381, Busan Gangseo-gu, Gangseo-gu, Busan, at the speed of about 30km from the direction of the bridge to the astronomical elementary school.
At this point, there is a duty of care to prevent accidents in advance by looking at the right and the right and the right of the road, while reducing the speed for those engaged in driving service.
Nevertheless, under the influence of alcohol, the Defendant did not discover the victim D(80) who was in the vicinity of the road due to negligence while neglecting this, and received the victim as a front of the said car.
Ultimately, the Defendant caused the death of the victim due to cerebrovassis at the F Hospital located in Seo-gu, Busan, where the victim was under medical treatment at around 22:50 on the same day due to occupational negligence.
2. On August 3, 2013, at around 17:30, the Defendant driven the said CA-hurburged vehicle under the influence of alcohol level of about 0.202% without obtaining a driver’s license from the section of about 1km from 229:0 Busan Gangseo-gu to the 381rd side road.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to G, H and I;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of Acts and subordinate statutes to photographs of accident site and a written examination of corpse;
1. Article 3(1), Article 268, Article 148-2(2)1, Article 44(1) of the Road Traffic Act, and Article 152 subparag. 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts;