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(영문) 청주지방법원 2021.01.21 2020고단1938
과실치사
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 15, 2020, the Defendant was sentenced to one year and two months, and a fine of two hundred thousand won on December 15, 202 by the Cheongju District Court for a violation of the Road Traffic Act. The judgment became final and conclusive on December 15, 2020.

[2] On May 20, 2020, the Defendant, at around 02:0 on May 20, 202, 202, hereinafter “C danran-gun B”, was in the middle floor where the Defendant, by drinking stairs after drinking alcohol and drinking alcohol to the victim D (the age of 49) and drinking alcohol to the second floor.

Since the above main point was in the second floor of a building, and the stairs located therein were narrow and sold, there was a duty of care to prevent the occurrence of danger, such as cutting down the knife, etc., installed on the part of a stairs, when using the stairs, and thus, it was more likely that other persons are pushed away from the stairs, and it is more likely that other persons are pushed down.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, did not see stairs, went back to the back, exceeded vadidi, and caused damage to the head and the head of the Defendant due to the negligence of having the victim, such as the victim, who was frightened, so far as he did not go beyond the limit of vadidi.

Ultimately, around May 25, 2020, the Defendant: (a) caused the victim to die at the F Hospital located in E in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) due to brain side death.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate of death, body list at the scene of death of a change, and postmortem photographs;

1. Photographss and site photographs of the CCTV course;

1. Previous conviction: The application of a criminal defendant's legal statement, inquiry report, such as criminal history, investigation report (verification of the fact that a criminal suspect is pending in a trial), one copy of the judgment, personal confinement status, and the search statutes of the Supreme Court bareboat case;

1. Relevant Article 267 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Suspension of execution under the Criminal Act;

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