A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

The defendant is a person who is engaged in driving of C New Franchises.

On February 18, 2013, the Defendant driven the said vehicle at a speed of 0.140% with a blood alcohol concentration of 0.140% on a 02:25 date, and driven the two-lane ahead of the “Trorier” in the Chuncheon City, Chuncheon City, the Defendant driven the said vehicle at a speed of which it is impossible to identify the two-lanes depending on the Gangwon Trori distance distance from the master distance flood.

At the time, it is night and its location is adjacent to a university, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely operating the motor vehicle with a prior care to live well.

Nevertheless, the Defendant neglected to do so and proceeded with the front door while under the influence of alcohol without putting the front door properly, and was driven by the victim D (the age of 19) who was driven by the front door of the said car, with the rear wheels part of the bicycle driven by the victim D (the age of 19).

As such, the Defendant driven a vehicle in a situation where normal driving is difficult due to influence of drinking, and caused the victim D to die due to the climatic damage and serious brain damage on the job, and at the same time, suffered injury, such as cerebral wave, which requires approximately one week medical treatment, to the victim E (the 19-year-old) who boarded the said vehicle.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Legal statement of witness F;

1. Statement to E by the police;

1. The actual condition survey report;

1. A report on whether to drive any dangerous motor vehicle;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Act on the Aggravated Punishment, etc. of Specific Crimes: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act; the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of the death or injury caused by dangerous driving) concerning the crime; the former part of Article 5-11 of the Act on the Aggravated Punishment,

1.Article 40 of the Criminal Code of Trade and Trade.