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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a D car.
On July 13, 2014, at around 04:24, the Defendant driven the said car while under the influence of alcohol with 0.147% of alcohol concentration, and led to the driving of the said car in front of the F in Suwon-si E, Suwon-si, according to three-lanes of the transfer line construction distance from the view line distance room.
At the time, a new wall is a place where people's passage is frequent, so in such a case, the driver of the vehicle has a duty of care to take care of the front, left, and right, the rear, and accurately manipulate the steering direction and brake system, and prevent the accident from occurring.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and instead neglected to do so, received the victim G (the age of 26) who walked on the crosswalk on the pedestrian-prohibited signal.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury of an external wound and brain injury at the site of the accident.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A report on the actual state of the driver;
1. Application of Acts and subordinate statutes concerning autopsys;
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act;
1. Of concurrent offenders, the sentencing guidelines do not apply as they are in the relationship of concurrent crimes under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, Article 38(2) and Article 50 of the Criminal Act, where the defendant reflects his/her mistake, the primary offender, where the sentencing guidelines according to the sentencing guidelines have not been set, and the former part of Article 37 of the Criminal Act.
General traffic accident(accidents resulting in traffic accident) is the basic area(s)(s)(s) from August to June, 1 and special mitigations; victims are also at fault due to the occurrence of traffic accident or the expansion of damage.