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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in the operation of the C Cost Engine in accordance with the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death or Injury).
On March 31, 2017, the Defendant driven the above passenger car with alcohol content of 0.099% in the influence of alcohol during blood at around 20:07, while driving the above passenger car at around 0.09% in the influence of alcohol, and proceeded the back road in front of the Drap, at the time of strike at the time of righting, with LG display display only on the surface of the port of the righting church at the end of the righting church.
The location is not divided into a sidewalk and a roadway, and a person engaged in driving on a side-road who is not divided into a sidewalk and a roadway has a duty of care to check whether there is a person or a person driving on the side of the road, and to drive safely.
Nevertheless, under the influence of alcohol, the Defendant was unable to discover and avoid the victim E (37 37) who was walking along the right side of the Defendant’s running direction due to negligence while neglecting this, and was found to have been in the front part of the Lone Star Motor Vehicle.
Ultimately, the Defendant, by such occupational negligence, caused the victim to die due to damage around 05:45 on April 2, 2017, when he/she received treatment at the Indonsan-gu Incheon-ro, Seoyang-gu, Seoyang-gu, Seoyang-gu, Mangsan-ro at the Mangsan Hospital located in the Japanese University.
2. On March 31, 2017, the Defendant: (a) driven Cone Star Vehicles in the state of alcohol alcohol concentration of about 0.099% from the 1km section from the FF L rental parking lot to the road front of the D building at around 20:00 on March 31, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to G and H;
1. Notice of a survey report on actual conditions and the results of drinking control;
1. A death certificate;
1. Application of statutes on site photographs;
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of an occupational and dental physician, the choice of imprisonment without prison labor), Article 148-2(2)3 and Article 44 of the Road Traffic Act.