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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) on March 13, 2020, the Defendant driven CMW car under the influence of alcohol concentration of 0.145% on the roads in front of B in Seocheon-si on March 13, 2020, while driving CMW car under the influence of alcohol concentration of 0.145%, and
Since there is a center line of yellow solid lines and a place where the center separation cost is installed, the defendant has a duty of care to thoroughly see the front city and safely drive the wheel line.
Nevertheless, the Defendant neglected this and went to the left left at the left line due to the negligence of the Defendant’s failure to go to the left and going to the left, and caused the Defendant to stop to the center separation zone in order to avoid the collision with the Defendant’s driver’s vehicle, the Defendant’s full part of the G K5-si driving car in the victim F (Nam, 68 years old) driving along the two-lane, which proceeded to the front part of the Defendant’s vehicle.
Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, resulting in the Defendant’s death of the Victim F with the symptoms of chest damage at H Hospital around 01:39 on March 13, 2020, and caused the Victim D to suffer injury, such as the dume, tension, etc. in need of treatment for about two weeks.
2. The Defendant, while under the influence of alcohol 0.145% at the time and time set forth in paragraph (1) of the Road Traffic Act, driven the CMW car on the roads of approximately two kilometers from J-ju points in Busan to the front day of the same city.
Summary of Evidence
1. The police statement of the defendant to K in his legal statement;
1. A report on the actual condition of a traffic accident, a field map of the accident, and a photograph of the accident-related photograph;