beta
Text
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The defendant is engaged in the business of driving B carp vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
On April 6, 2019, the Defendant driven the above vehicle while under the influence of alcohol content of 0.182%, and led to the front of the road in front of Sungsung-gun C in front of the new village distance from the ebbbb of Seongbuk-Eup.
In this case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to prevent the accident by emphasizing the front side and the left side and accurately manipulating the steering and brakes.
Nevertheless, the defendant neglected this and caused the victim D (the age of 67) who passed the above road due to the negligence of driving only under the influence of alcohol as above, with the front part of the vehicle of the defendant.
As above, the Defendant caused the death of the victim due to the negligence of driving the vehicle while normal driving is difficult due to the influence of alcohol.
2. The Defendant violated the Road Traffic Act (driving) driving a B car under the influence of alcohol content of about 0.182% from the front of the “F” in the Sinsung-gun E, Sungsung-gun, Seoul, to the front of the Southern-gun, the Defendant driven a B car under the influence of alcohol content of about 5km.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report and a report on each traffic accident;
1. The circumstantial statement, investigation report, and circumstantial report of the driver concerned;
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;