A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) is a person engaging in driving a vehicle BM5 vehicle.

On January 27, 2017, the Defendant driven the said car with a alcohol level of 0.062% 0.062% during blood transfusion around 03:33, while driving the said car, and driving the two-lane road in front of the D convenience point in Asan City C along the direction of Asan City in the direction of the new window.

At the time, the road was on which the center line of the yellow-ray was installed at night, and in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle to prevent the accident by safely driving the steering gear and the brake system, such as complying with the vehicle line and accurately operating the steering gear.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving the center line with the Defendant, thereby putting the victim E (33) who was walking a notice of the opposite direction to the Defendant’s proceeding, and received the front of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim from G hospital located in Asan City F on January 27, 2017 at Asan City around 05:09 due to such occupational negligence.

2. On January 27, 2017, the Defendant was under the influence of alcohol level of 0.062% from blood alcohol level around 03:52, the Defendant driven the said car at the section of approximately 3km from the roads near the Yasan-si University at the Yasan-si, Yasan-si to the roads front of the D convenience store located in Asan-si, Yasan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A survey report on actual conditions;

1. On-site photographs of each accident;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)3 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. A violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;