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Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving a CK5 vehicle owned by Samsung Card Co., Ltd.
On October 2, 2016, the Defendant driven the said vehicle while under the influence of alcohol level of 0.066% among the blood transfusion around 04:50 on October 2, 2016, and proceeded at a speed that would not be known to the high-water field from the side of the two-way market at which the intersection of 205 shooting distance cannot be seen.
At the time, it is difficult to secure the view at night and there is a crosswalk at the front direction, so there was a duty of care to prevent traffic accidents by safely proceeding after checking whether there is a pedestrian crossing to cross the crosswalk by reducing the speed and checking well the front direction.
Nevertheless, the Defendant neglected to proceed as it is while under the influence of alcohol and shocked the body part of the victim D (the age of 81) who crosses the crosswalk to the left-hand side from the right-hand side of the proceeding direction by the front-hander of the Defendant’s driving vehicle.
Ultimately, even though the Defendant shocked the above victim by occupational negligence as above, it did not take necessary measures such as providing relief to the victim immediately, and caused the victim to die in light of the same day.
2. 도로 교통법위반( 음주 운전) 피고인은 2016. 10. 2. 04:50 경 광주 동구 불로 동 불로 동 탯팟 부근 도로에서부터 광주 서구 내방동 내방마을 주공아파트 앞 도로까지 약 4킬로미터 구간에서 혈 중 알코올 농도 0.066% 의 술에 취한 상태로 C K5 승용차를 운전하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A survey report on actual conditions;
1. A death certificate;
1. Application of Acts and subordinate statutes to a report on detection of drivers;
1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, and the Criminal Act.