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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Criminal facts
1. On April 1, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter “Road Traffic Act”), while under the influence of alcohol by 00:16, and 0.212% of the blood alcohol concentration, the Defendant driving a car of Karen-gu, which is one-lane of the roads in front of the mountain tunnel in front of the Sungnam-si, Sungnam-si, which is a behavior, led to the flow of the road in front of the mountain tunnel in front of the P
Since there is a road where the center line of yellow-ray is installed, in such a case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to safely drive the motor vehicle by putting the front door and maintaining the tea line.
Nevertheless, under the foregoing circumstances, the Defendant was negligent in driving along the center line while neglecting it, and the front part of the victim D(28 years of age) driving, which was proceeding in the opposite opposite lane, was driven by the Defendant as the front part of the passenger vehicle in front of the car.
Ultimately, the Defendant driving a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, caused the victim D to suffer injury, such as cerebral wave, which requires medical treatment for about two weeks, and caused the victim F (FF) to suffer injury, such as cerebral wave requiring medical treatment for about three weeks, and at the same time, damaged the said A-to-purd motor vehicle to repair cost amounting to KRW 9,981,571. On April 7, 2014, the Defendant caused the G victim (FF) who was on board the Defendant’s motor vehicle to die with an emergency treatment at the Institute of Science and Technology University (FFD) at around 18:50 on April 18, 2014.
2. On March 31, 2014, the Defendant violated the Road Traffic Act ( sound driving) from around 23:25 to around 00:16 the following day, in a section of about 1 km from the parking lot of South Korean-U.S. Do Park in Nam-gu, Namnam-gu, Namnam-si, Seoul, to the front of a mountain tunnel in the act of action, the Defendant is under the influence of alcohol with about 0.212% of alcohol concentration.