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A defendant shall be punished by imprisonment for five years.
Reasons
Punishment of the crime
1. A person who is engaged in driving a motor vehicle B in light of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the Act on the Aggravated Punishment,
On April 24, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.077% 0.07% at around 08:38 on April 24, 2020, and driven the two-lane road in front of Seoyang-gu Seoul, Seoyang-gu C along one-lane from the direction of Seoul.
In this case, a driver of a motor vehicle has a duty of care to accurately operate the steering direction and brake system and prevent accidents in advance by safely driving the motor vehicle.
Nevertheless, while under the influence of alcohol, the defendant neglected to drive normally due to influence of alcohol such as a string distance, which makes it difficult for the defendant to walk, the day of the bus stop set up on the left side of the driver's driving direction of the defendant's vehicle, and the day of the bus stop set up on the left side of the defendant's driver's driving direction, and while continuing without stopping, while the defendant continued to drive without stopping, the victim E (the 43 years old, south, and 45 years old) placed at the bus stop facing the victim D (the 43 years old) in front of the above vehicle of the defendant.
Accordingly, at around 09:35 on the same day, the Defendant caused the death of the victim D due to emulative brain injury in the G Hospital located in Soyang-gu, Soyang-gu F. At the same time, the Defendant suffered injury to the victim E, i.e., e., “an influent finite,” which requires approximately six weeks of medical treatment.
2. On April 26, 2013, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act in the Goyang Branch of the Suyang Branch of the District Court on April 26, 2013.
【Criminal Facts】
The defendant, on 2020.