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(영문) 수원지방법원 2018.01.16 2017고단6517
특정범죄가중처벌등에관한법률위반(도주치사)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four 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 motor vehicle in the Dti-gu.

On September 21, 2017, the Defendant driven a e-mail in a e-mail while drinking alcohol at around 02:40 on September 21, 2017, and went over about 90km at the speed of 528-5 square meters from the front side of the e-mail-based e-mail in front of the e-mail-based e-mail of the e-mail-based e-mail, the Defendant got off the e-mail on the front side of the e-mail-based e-mail (n, 46 years old) with the front side of the e-mail in the front side of the e-mail-based e-mail.

Ultimately, even if the Defendant, by the above occupational negligence, caused the death of the victim due to the cardiopulmonary stop, etc. in the workplace, left away without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of each police in relation to F and G;

1. Statement made by the police with H;

1. Investigation report (No. 28 of the evidence list);

1. Each investigation report (the confirmation of the details of use of defendant's credit cards and cell phone phone calls) and recording;

1. A traffic accident report (1) (2) and each photograph;

1. On-site reports on results of field identification and response to requests for appraisal;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime, and Article 268 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 53 of the Criminal Act and Article 55 (1) 3 of the same Act (wholly considered as favorable circumstances examined in the following);

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures

1. The summary of the allegation is after the victim gets shocked by the Twit-gu vehicle driven by the defendant, and is used on the road.

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