A defendant shall be punished by imprisonment for not more than ten months.

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

Around 05:00 on April 9, 2015, while the Defendant was under the influence of 0.05% of blood alcohol level, and was driving B Lone Star car with two lanes at a speed of about 68 km from the 3 lanes in front of the building in Daegu Jung-gu, the Defendant neglected his/her duty of charging back in the state of drinking, while driving his/her vehicle at a speed of about 68 km, caused the death of the victim D (72 years old) who crosses the right side from the left side of the running direction without permission from the Defendant’s occupational negligence to drive the vehicle at a speed of about 68 km. On April 9, 2015.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Statement of the circumstances of the driving of a motor vehicle;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, 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, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service and Criminal Act [the scope of recommendation] is the mitigated area (4 to 10 months) of the general traffic accident (the occurrence of traffic accident) (the special sentencing person) (including efforts to recover damage) where the victim was negligent due to considerable negligence in the occurrence of traffic accident or the expansion of damage, and where the illegality in the proviso of Article 3(2) of the Specialized School Act is serious [the decision of sentence] where the defendant was driven under the influence of alcohol and caused the accident in this case, and the result of the victim's death is severe, and thus, the liability for the crime is somewhat weak.