A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip motor vehicles.

On October 9, 2014, the Defendant driven the said car under the influence of alcohol level of 0.108% in a state of under the influence of alcohol level of the 0.108% in the city of Ansan-si and the area of the mountain and the area of the mountain.

At the time, not only had a new wall installed, but also had a limited speed of 60 km, so a person engaged in driving of a vehicle has a duty of care to prevent accidents due to his/her failure to live well and driving by observing the restricted speed.

Nevertheless, while neglecting this, while driving at a speed exceeding 40 km per hour while under the influence of alcohol, the victim C (in this case, 69 years old) who crosses the road to the right side from the left side of the direction of the proceeding was not found, and the victim was faced with the front part of the said car.

Ultimately, the Defendant caused the death of the victim on his job due to the above occupational negligence, such as multiple organ damage, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. A protocol concerning the suspect examination of the accused;

1. Reports on the occurrence of traffic accidents, reports on the detection of drivers, and actual status survey reports;

1. Notification of the results of traffic accident investigation and analysis, and application of the statutes governing body autopsy reports;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, 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 (the point of sound driving and the choice of imprisonment);

1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with the punishment determined by the crime of violating the Act on Special Cases concerning the Handling of Impeachment from heavy pains, but limited to imprisonment with prison labor (limited to the maximum term of each of the above crimes));

1. The scope of punishment by law: Imprisonment for not less than six months but not more than six years;

2. The sentencing criteria are set;