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A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
Punishment of the crime
1. On August 27, 2018, the Defendant was issued a summary order of KRW 2,00,000 by the Changwon District Court as a crime of violating the Road Traffic Act (driving). On October 1, 2018, the Defendant was issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court.
On April 4, 2020, at around 03:35, the Defendant driven D SP car while under the influence of alcohol level of about 0.129% in a section of about 700 meters from the front of Kimhae-si to the front of Kimhae-si.
2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person engaging in driving a D SP car.
On April 4, 2020, at around 03:35, the Defendant driven the said car while under the influence of alcohol of 0.129%, and led the front road in the Kim Sea C from E to Kimhae Library.
At the time, it is night and its surrounding areas are frequent for pedestrians, so there was a duty of care to thoroughly see the front side and accurately manipulate the brake and steering gear to prevent accidents.
Nevertheless, the Defendant failed to discover the victim F (55 years of age) who was crossing the road on the right side from the left side of the Defendant’s vehicle due to the negligence that the Defendant neglected this and did not view the front side properly, and had the victim go beyond the ground on the left side of the Defendant’s vehicle.
Ultimately, around April 6, 2020, the Defendant caused the victim's death by occupational negligence to the engine boom due to brain side in the H hospital located in Kimhae-si G in Kimhae-si on April 6, 2020.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;
1. Field photographs, etc.;
1. A death certificate;
1. Previouss before judgment: Criminal history records;