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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
On October 7, 2005, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Seoul Southern District Court, and on May 22, 2008, issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on May 22, 2008. On July 28, 2014, the Defendant issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on July 28, 2014. On June 23, 2016, the Defendant was sentenced to a suspended sentence of KRW 1 million for six months.
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) is the person who is engaged in driving freight B or B;
At around 17:50 on July 8, 2019, the Defendant driven the above vehicle on the front side of D in Jin-si C while under the influence of alcohol 0.157%, and led to F in the direction of E in the direction.
Since there is a place where the center line of yellow-ray is installed, the driver of the motor vehicle is prohibited from driving the motor vehicle while under the influence of alcohol, and the driver of the motor vehicle has a duty of care to thoroughly drive the motor vehicle in the front and the motor vehicle is obliged to safely drive the motor vehicle.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and went through the center line by negligence, was shocked with the front part of the victim G (the 58-year-old driver) driving car that was normally driven in the opposite vehicle line.
Ultimately, around July 8, 2019, around 18:18, the Defendant caused the victim’s death due to the above occupational negligence due to the injury to the brain injury caused by the traffic accident at the site of the accident.
2. The Defendant violated the Road Traffic Act (driving) at around 17:50 on July 8, 2019, notwithstanding the fact that he/she violated the provision prohibiting driving under the influence of alcohol as above, the Defendant is in C from the first road in the Seogsan City under the influence of alcohol content 0.157%.