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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 motor vehicle of the vehicle of the vehicle of the vehicle of the C.
1. On October 10, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) proceeded with the roads in front of the “E-Motor Vehicle Maintenance Facility” located in the Gu, Si, Si, Gu, Si, Gu, and Gu, along the three-lanes of the four-lanes from the air protection area in the Gu, to the Si, Si, 15 to 120km.
At the time, night and its limit is 80 km, so in such a case, there was a duty of care to observe the speed limit to those engaged in driving business and to prevent accidents in advance by accurately manipulating the steering and brakes.
Nevertheless, the Defendant neglected this and driven a blood alcohol concentration of 0.098% in excess of the restricted speed while under the influence of alcohol, and caused the victim to go beyond the road by taking the body of the Victim F (25) crossing the road from the left side of the direction of the Defendant’s course to the right side in front of the left side of the said vehicle.
Ultimately, the Defendant caused the victim’s death by occupational negligence as above at the H hospital located in Gu-U.S. G around 00:42 on the same day.
2. The Defendant violated the Road Traffic Act (drinking driving) driving a c motor vehicle under the influence of alcohol with approximately 4km alcohol concentration of about 0.098% from the 4km section to the road in the Gumi-si located in Gumi-si, Sinsi-si, Sinsi-si, Sin-si, Sinsi-si, Sinsi-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. A report on investigation (a medical certificate);
1. A report on the occurrence of a traffic accident, a statement report on the situation of a driver who takes driving, an inquiry about the results of crackdown on the driving of alcohol, a survey report on actual condition, and an analysis
1. Application of statutes on site photographs;
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and the Criminal Act.