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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving a passenger car at Cenz S350.
On February 13, 2013, at around 03:15, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.145%, and the Western Ambassador distance in the North Dong-dong in Gwangju-gu was driven at an unfluent speed depending on three-lanes between the two-lanes in the ebbrance of the ebbrance and the ebrance of the ebrance.
At night, the location is the intersection where signal, etc. is installed, and the E E-business car driven by the victim D (e.g., the age of 55) stops in accordance with the new subparagraph, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent the accident due to the vehicle's failure by viewing the front side well and stopping at the intersection with the speed of the vehicle stopped at the intersection.
Nevertheless, the Defendant neglected to perform the above duty of care and caused the death of the victim due to the negligence of the Defendant’s failure, which led to the death of the victim by taking the back part of the passenger car as the front part of the Defendant’s driver’s car.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to written reports on job placement and postmortem records to all drivers;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The defendant's sentencing reasons do not lower drinking level at the time of the crime of this case, and the damage was extremely serious, such as the victim's death in the automobile as is, at the time of the crime of this case, and the defendant was sentenced to a fine due to drinking driving around July 2012: Provided, That the defendant has agreed with the bereaved family members of the victim.