Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving a B car.

On November 10, 2017, the Defendant driven the said car under the influence of alcohol level of 0.108% from blood alcohol level on blood around 18:41 on November 10, 2017, and driven the said car under the influence of alcohol level of 0.108% on a gold-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-off

At night at the time, the victim C(80) was driving a set of tri-wheeled motor bicycle, and thus, the driver of the motor vehicle has a duty of care to properly operate the steering wheel and brake system and drive the motor vehicle safely.

However, under the influence of alcohol, the Defendant was found to have discovered the bicycle of the motor device driven by the victim at the latest and by negligence, and received the left rear wheels of the motor device bicycle as the part front of the motor vehicle driven by the Defendant.

Around November 11, 2017, the Defendant caused the death of the victim due to the above occupational negligence at the shipbuilding University Hospital located in the Dong-gu Seoul Special Metropolitan City, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Inquiries about reports on detection of drivers of drinking alcohol, records of drinking measurement, and results of crackdown on driving alcohol;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing traffic accident evidence photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of and the selection of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol driving and the selection of imprisonment with prison labor);

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. The result is that it is impossible to see the victim's death due to a traffic accident caused by the defendant's reasons for sentencing Article 62-2 of the Criminal Act.