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1. The defendant shall be punished by imprisonment for three years;
2. Provided, That the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
The defendant is a person who is engaged in the duty of driving Category C cargo vehicles.
On August 28, 2015, the Defendant driven the above vehicle while under the influence of alcohol 0.119% in blood alcohol level on August 28, 2015, and driven the road under the bottom of 1086-2 northwest-ro 1086-2 down from the northwest-gu, Gwangju to the direction of the galllic acid.
A person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and has a duty of care to prevent accidents in advance by driving a motor vehicle with the steering gear, brakes, and other devices accurately.
Nevertheless, under the influence of alcohol, the Defendant is negligent in performing the above duty of care in a state with low judgment and net power.
Defendant
On August 29, 2015, the Korean National University Hospital located in 42, Dong-gu, Gwangju Metropolitan City, had the victim go beyond the road without finding the victim D (year 71) who opened the above road to the right side, and had the victim go beyond the road, and did not take necessary measures such as aiding the victim, and had the victim escape as it is, and caused the victim's death by blood transfusion in the middle and the mouth of the Korean National University Hospital located in 42, Jeonnam University Hospital in dong-gu, Gwangju Metropolitan City.
Accordingly, the Defendant, while under the influence of alcohol, driven a motor vehicle, caused a traffic accident by occupational negligence, and escaped without taking necessary measures such as aiding the victim, resulting in the death of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of Acts and subordinate statutes to the practical survey report, each photograph, each photograph, the report on detection of a host driver, the report on the circumstantial statement of a host driver, the investigation report (in relation to the application of the Tramark Official Form), the investigation report (in relation to the identification and arrest of the suspect), the death diagnosis report, and the investigation report (in-depth investigation and the investigation
1. Relevant provisions concerning facts constituting an offense;