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

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

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

On December 23, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 00:129% during blood transfusions, and proceeded at a speed of about 40 kilometers per hour at the speed of about 40 kilometers per hour, towards the direction of this item at the location of the office of Nowon-gu, Nowon-do.

At night, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation on the front side and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant was negligent in driving a motor vehicle while it is difficult for the Defendant to drive the motor vehicle normally due to influence of drinking and received the body c (the 70-year old-old driver) of the victim walking on the road as the front driver of the motor vehicle of the Defendant.

The Defendant caused the victim to die due to such occupational negligence on the same day by causing multiple long-term damage in the Nowon-do Seoul Special Metropolitan City Nowon-gu Special Metropolitan City, which is located in the 34th day of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident occurrence report, a report on actual condition, a report on the circumstances of the driver of a primary driving, an inquiry into the results of crackdown on drinking and a death diagnosis report;

1. Application of Acts and subordinate statutes on field map, each accident scene photograph, defense picture photograph, and accident video CD;

1. Relevant provisions 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 concerning criminal facts and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant with the reason of sentencing under Article 62-2 of the Criminal Act is a similar crime for the observation of protection and community service order.