A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

The defendant is a person who is engaged in driving of one ton cargo vehicle B.

On July 21, 2018, the Defendant driven the foregoing cargo while under the influence of alcohol of 0.125% at a 0.125% of alcohol level, and proceeds from a road of one-lane prior to permanent residence in the wind slope from the wind slope. On July 23, 2018, the Defendant: (a) under the influence of alcohol, driven by the victim D (V, 46 years old) running in the opposite direction from the occupational negligence attributable to the occupational negligence of driving the central line; (b) suffered from the injury of the victim F (60 years old) of the victim, who was driven in the direction of opposite to the occupational negligence of driving the central line. (c) On July 23, 2018, the Defendant received the front portion of the E-AF car driven by the victim as the front part of the said cargo vehicle’s left side, and suffered from the injury of the victim F. (60 years old), who was accompanied by the said vehicle, due to the death of a cerebral organ in G.

Accordingly, the defendant driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, resulting in injury to the victim D, and at the same time resulting in the death of the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. A postmortem report, a death diagnosis report, and a medical certificate;

1. The circumstantial statement of a drinking driver, notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Application of Acts and subordinate statutes to investigation reports, circumstantial reports (whether a person drives a motor vehicle at risk), and reports on internal accidents (including the scene of an accident, the suspect status at the time of the accident, etc.);

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of a drinking driving)

1. Violation of Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes [the crime against death or injury caused by dangerous driving] of the same Act;