A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 3, 2016, the Defendant, while under the influence of alcohol more than 0.05% of blood alcohol level around 20:21, was driven by the Defendant, the Defendant, at the time of the Pyeongtaek-gun Rental Stam Stam Stam Stam Stam Stamb, located in the Olympic 715, which was located in the Olympic Winter Stambam Stamb, the front of the 715 Olympic Winter Stam Stambam Stamb, was driven by the Defendant, toward the cross

At the time, the location is night and is a bend road of two-lanes, and the center line of yellow solid lines has been installed. In such a case, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by safely driving the motor vehicle, such as taking a front line and keeping the tea line.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded with the left-hand part of the Eknif vehicle front-hander and the pentel part of the Eknif vehicle driven by the victim D (year 41) who was driving along one lane from the opposite direction due to the negligence of booming the central line.

Ultimately, at around 14:26 on the following day, the Defendant died of the victim due to the above occupational negligence by the brain function department at the Gangseo Gyeongsan Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. A death certificate;

1. A report on the occurrence of a traffic accident, a actual condition survey report, and on-site photographs;

1. The application of Acts and subordinate statutes to the report on the results of crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2 and (2) and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] general traffic accident category II (the scope of recommending punishment] and the area of aggravation (one year to three years from imprisonment] for drunk driving, etc. (the decision of sentence] shall be one year.