Text
A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 10, 2015, the Defendant: (a) around 23:40 on the 23:40th of May 2015, 2015, operated a motor vehicle DNA with a blood alcohol concentration of approximately 0.120% from the 4km section to the road of “Ccafeteria” located in the Mapo-Eup, Mapo-Eup, Kimpo-si, Kimpo-si.
2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a motor vehicle by obtaining a franchise.
On May 10, 2015, the Defendant driven the said car at around 23:40, while driving the said car and driving the car at about 60 to 70km per hour in the direction of strengthening the road of four-lanes in front of the C cafeteria in Seoul at Kimpo-si, and driving the car at about 60 to 70km per hour along the two-lanes. As above, the Defendant was negligent in driving the alcohol on the left side of the e (the age 51) of the victim E (the age 51) who was crossinged without permission from the occupational negligence to the right side of the Mapo-si on the left side of the Mapo-si. However, the Defendant did not avoid the vehicle and did not go beyond the ground by taking part of the victim's head as the front part of the vehicle of the Defendant.
Ultimately, the Defendant caused the victim E to die by occupational negligence on May 15, 2015, at G hospital located in Kimpo-si, Kimpo-si, Kimpo-si, to a multiple long-term unit, and suffered injury to the victim H(the age of 41) who is the passenger of the said car, for about three weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Application of statutes governing on-site photographs, notification of the results of crackdown on drinking driving, death certificate, diagnosis certificate, and autopsy report;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of penalty;