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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.
On February 1, 2018, the Defendant driven the said car under the influence of alcohol content of 0.115% during blood transfusion 0.1.25, and continued to drive the said car at a distance of about 93 km per hour at the distance of five lanes in front of the “Dsanwon” located in the Daegu Western-gu C, Daegu-gu, along the four-lane distance along which the vehicle was driven by the Defendant, depending on one lane of the road.
At the time, it is night and where the speed limit is 70 km per hour, so the person engaged in driving service has a duty of care to check whether there is a person who gets on the way to see the speed limit and to see the right and the right and the right and the right and the right and the right and the right are well and to drive safely.
Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the speed exceeding 23 km per hour, and the Defendant was negligent in driving the vehicle on the right side of the driver in front of the vehicle driving by the Defendant, which led the victim E (V, 63 years old) who dried the road from the right side to the left side, to fall off on the ground of the public day.
Ultimately, the Defendant, by negligence on February 2, 2018, escaped from the above occupational negligence without taking necessary measures, such as providing relief to the injured party, even though it resulted in the death of the injured party at the emergency room of the Gyeong-gu Incheon Metropolitan City University Hospital located in 130, Jung-gu, Daegu, which was under the influence of transmitting treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. A death diagnosis report or postmortem report;
1. Application of investigation reports (in relation to the first site recognition, initial action, etc.), on-site photographs, and Acts and subordinate statutes indicating speed limits;
1. Article 5-3 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 148-2 of the Road Traffic Act concerning the crime.