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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
【The Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court on October 10, 2005; the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on March 26, 2010; the Defendant was sentenced to a suspended sentence of two years for a year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Former Death resulting from Dangerous Death) on June 12, 2013; and on February 19, 2014, on May 16, 2014, the sentence of the suspended sentence became final and conclusive on May 30, 2015, and the execution of each of the above sentence was terminated by a prison on May 30, 2015.
[Criminal Facts]
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) by the Defendant is a person engaged in the driving of the BMW car.
On February 26, 2016, the Defendant, while under the influence of alcohol of 0.270% during blood transfusion 0:15, proceeded with a 37.2 km line 47.2 km away from the coastwise Highway, Seogyeong-gun, Seog-gun, Seogyeong-gun, Seoul, at a speed of about 120 km at a speed of 120 km along the breath line of 401.
At this point, it is an expressway. At the front of the direction of the defendant's driving, the Estamper car driven by the victim D(58 ) was in progress, and the victim F (54 e.g., the 54 years old) was in progress. In such a case, the person engaged in the driving duty of the vehicle was obliged to pay a duty of care to prevent the accident in advance by safely proceeding with the vehicle, such as reducing speed, maintaining the safety distance between the front and the front, and thoroughly keeping the front.
Nevertheless, the defendant neglected this so that he did not reduce the speed while under the influence of alcohol, and did not observe the safety distance and neglected to do so.