A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On June 20, 2013, at around 07:15, the Defendant driven a C K5 vehicle with a blood alcohol concentration of 0.15%, and proceeded at the lower limit of two lanes in front of the Daejeon Middle-gu, Middle-gu, Daejeon, Seosan City with a two-lanes of the two-lanes of the two-lanes of the two-lanes in front of the Seosan City.

Since a crosswalk has been installed on the front side, so it was caused by the death of the victim D (the age of 85) who opened the crosswalk to the left side of the running direction due to the occupational negligence while neglecting the duty of care to safely drive the road by checking whether there was a person who gets to reduce speed and by checking the front side and the left side well, and neglecting the duty of care to safely drive the road, and making the victim D (the age of 85) who opened the crosswalk to the left side of the vehicle operated by the defendant go beyond the floor by taking the front side of the left side of the vehicle operated by the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and the death diagnosis report;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (68 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (Death or Injury by Occupational Negligence, Selection of Imprisonment without Labor) Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and Selection of Imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Punishment] : 6 months to 6 years (after the aggravation of concurrent punishment] - (Special Aggravation of Punishment) - (In the case where illegality in the proviso of Article 3(2) of the Specialized Law is serious) - mitigated elements (general scriptives) - (the scope of recommending punishment) mitigated elements (Article 3(2) of the Specialized Law / (Article 3(2) of the Specialized Law / (Article 62(1) of the Criminal Act / (Article 62(1) / Traffic crime group, general traffic accident (the death of traffic accident), basic area, 8 months to 1 year and 6 months [whether suspended sentence]: Death;