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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. On October 29, 2016, the Defendant driving a D-Adi vehicle under the influence of alcohol concentration of about 0.165% in the section of approximately 2km from the right line, which is located in the right line transfer road at the time of Suwon-si, to the front of the right line in the same direction.
2. The Defendant is a person who is engaged in driving a motor vehicle with D pertaining to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On October 29, 2016, at around 03:30, the Defendant driven the said car while under the influence of alcohol and proceeded with three-lanes prior to the shooting distance of the right line located along the border of the right line at the time of Suwon, using three-lanes prior to the right line.
At the time, it was night, and its location was a road installed at a crosswalk in the front side, so there was a duty of care to reduce the speed and to safely drive it by checking well the right and the left and right of the driver of the vehicle.
Nevertheless, the Defendant neglected this and went on as it was due to negligence, disregarding the signal to stop frighting pedestrians, and took the front part of the said car driving by the Defendant for the victim E (46 years) who illegally crossed the crosswalk to the right side of the road.
As a result, even though the defendant caused the death of the victim due to the long-term damage to his occupation, he immediately stopped and escaped without taking necessary measures such as aiding the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police with regard to F, G, and H;
1. A report on the detection of a primary driver;
1. Investigation report (to hear the statements of the Ferogator);
1. A death certificate;
1. Application of statutes on site photographs;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after death) on criminal facts, and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes.