A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2017 Highest 7488] The Defendant is a person engaged in driving CCA110 Oba.

On August 19, 2017, the Defendant driving the Obabaon around 19:35, and driving a three-lane road in front of the Seoul Southern-gu Incheon Metropolitan City (D) toward the direction of the sub- middle school at the port side, leading about about 54.4 km each hour from the direction of the sub- middle school at the port side.

At this point, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by complying with the speed limit and thoroughly observing the front-distance speed.

Nevertheless, the Defendant neglected this and did not look at the speed exceeding about 24.4 km by speed, and did not properly look at the front, the Defendant's bicycle for driving the victim E (V, 76 years old) driving in the front direction.

Ultimately, the Defendant caused the victim to die from blood transfusions in the middle patient room at around 08:06, August 25, 2017, when he was sent to the Nam-gu Incheon Metropolitan City Hospital No. 774, Nam-gu, 21 Acheon Street Hospital and received treatment due to such occupational negligence.

[2017 Highest 8329] On September 14, 2017, the Defendant driven a sports car in FFco-gu, under the influence of alcohol content of about 0.241% from the 2km section of the old day to the front road of the 114-lane 820, i.e., the 90-ro 739, Nam-gu, Incheon, Nam-gu, Incheon, for the purpose of driving a sports car from September 14, 2017 to the 90-ro 114.

Summary of Evidence

[2017 Highest 7488]

1. Statement by the defendant in court;

1. A traffic accident report;

1. Each photograph (referring to 7 through 12 each time);

1. A death certificate (2017 order 8329);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

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 a person resulting from occupational negligence, the choice of imprisonment without prison labor), Article 148-2(2)1 and Article 44(1) of the Road Traffic Act (the occupation of a person driving alcohol and the choice of a person sentenced to imprisonment);

1. The aggravated Criminal Act for concurrent crimes.