특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)
A. As to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”), the Defendant committed a violation of signal, and was related to the Defendant’s occupational negligence and the occurrence of the instant accident, and D and F sustained injury due to the instant accident, and the Defendant knew of the occurrence of the instant accident.
B. As to the crime of violation of the Road Traffic Act (not after the accident), the instant accident occurred due to the Defendant’s signal violation, and the D/F’s vehicle was at risk of causing interference with traffic due to the Defendant’s vehicle behind, etc., and thus, there was a need to take measures. The Defendant knew of the occurrence of the instant accident.
2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds for the appeal by authority, and the prosecutor applied for changes in the indictment to the effect that “A about 20km speed” in the indictment against the Defendant was changed to “a speed not known”, and the judgment of the court below was no longer maintained as the case was changed to the subject of the judgment by permitting it.
Although there is such a ground for ex officio reversal, the prosecutor's allegation of mistake and misapprehension of the legal principles is still meaningful, so it will be examined.
3. Determination
A. We examine whether the Defendant violated the signal given by the Defendant (a) on December 14, 2016, while driving a small-scale taxi around 17:50 on December 14, 2016, and driving a small-scale public sports ground, 3489, Sinsi-ro 1 (hereinafter “instant intersection”) from the center of the central market to the public sports ground.
B) D/F’s compliance with the signals of D/F is subject to the investigation by the police on December 22, 2016 by the witness, and “the head of Si/Gun/Gu driving a third vehicle” on the side of the Dong life distance.