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(영문) 창원지방법원 진주지원 2018.09.06 2018고합68

상해치사

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On December 9, 2017, the Defendant, under the influence of alcohol on the road in front of the private-si public health clinic at Sacheon City, 77, a Sacheon-si, the Defendant: (a) was aware that the victim D (55 years) who was a C-si driver on his own was able to her own on the preceding day; (b) was able to boom the victim’s breath by drinking bat; (c) was flicking the victim’s batf by drinking bat; (d) was flicking the victim’s face by drinking bating the victim’s bat; and (e) was flicking the victim’s face, etc., requiring approximately three weeks of treatment; and (e) was flickly caused the victim’s flat-si’s death from the F-si Hospital located in Sacheon-si, around 222:15 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report and internal investigation report;

1. A death diagnosis report, a report on the results of field meals, a place where emergency medical services are performed, and a autopsy and appraisal report;

1. Application of each questioning and response statute;

1. Article 259 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria set forth in the three types (where the result of death occurs) of the general injury to violent crimes [the person subject to special sentencing] [the person subject to special sentencing] mitigated: in a case where the person intentionally inflicts bodily injury on the person subject to the mitigated punishment exists at least two persons subject to special mitigation in the mitigated area, the lower limit of the recommended punishment shall be mitigated to up to one half [the scope of the recommended punishment] [the scope of the corrected punishment] from one year to four years [the scope of the corrected punishment] from one year and six months from six months (the lower limit of the recommended punishment set forth in the sentencing guidelines set forth in the sentencing guidelines is lower than the lower limit of the legally applicable sentencing range, according to the statutory applicable sentencing range).

3. The defendant who has rendered a sentence shall be under the influence of alcohol;