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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. On August 14, 2019, at around 19:35, the Defendant driven D cargo vehicles with a blood alcohol concentration of about 0.208% in a distance of about 1km from the Defendant’s dwelling place in the Jeonbuk-gun, Jeonbuk-gun, to the front day of the Jeonbuk-gun, the Defendant driven D truck with a alcohol level of about 0.208%.
2. Around August 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death, etc.) (Dangerous Driving Death, etc.) (Dangerous Driving Death, etc.) (hereinafter “Dangerous Driving”) led the Defendant to G direction in F, while under the influence of alcohol level of 0.208% in the eth of the former YY E area while
In this case, the driver of a motor vehicle has a duty of care to reduce speed, take the front, rear, and left well, and accurately manipulate the brakes and steering gear to prevent accidents.
Nevertheless, under the influence of alcohol, the defendant was unable to find out the victim H (ma, 76 years old) who was coming from the right side of the defendant's proceeding before the defendant's direction, and received the victim's body on the front side of the vehicle.
As a result, the Defendant was driving the said car in a situation where normal driving is difficult due to the influence of alcohol and shocking the victim, resulting in the death of the victim from the J Hospital located in I in North Korea-gun I.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition of traffic accidents;
1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);
1. A death diagnosis report and a written record of autopsy;
1. Application of field photographs, and voice files and statutes in which 112 reports are filed;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment) concerning the crime, the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing death or death
1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;