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.

Punishment of the crime

1. The defendant is a person who is engaged in driving of a vehicle Bwing and Class III cargo;

On October 21, 2020, the Defendant driven the above cargo vehicle in the dry field C of the Gangwon-gu, Gangwon-do around 16:03.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a pedestrian or other motor vehicle on the side or side of the motor vehicle, to inform the person in advance of the fact that he/she is moving back by direction, etc. and to prevent accidents.

Nevertheless, while under the influence of alcohol content 0.061% in blood, the Defendant neglected to perform the above duty of care, and caused the face and head part of the victim D (in South, 56 years old) who gleeped from the aftermath due to the negligent negligence, and caused the death of the two parts of the Defendant’s vehicle in the same place.

2. The Defendant, at the time and place specified in the above paragraph 1, driven a vehicle B-wing and Ⅲ in a section of approximately 1m under the influence of alcohol with a maximum of 0.061% alcohol concentration in blood at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on a traffic accident, on-site photograph, report on the handling of the case 112, notification of the results of crackdown on the driving of drinking, and application of Acts and subordinate statutes of a death diagnosis certificate;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation of causing a traffic accident, the selection of imprisonment without prison labor), Article 148-2(3)3 of the Road Traffic Act, and Article 44(1) (the occupation of driving alcohol and the selection of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to six years;

2. The scope of the recommended punishment according to the sentencing criteria [the types of traffic crimes] shall be general.