특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (six months of imprisonment) is too unreasonable.
2. Before the judgment on the grounds of ex officio appeal, the prosecutor applied for changes in the indictment to add the criminal facts of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) to the defendant at the trial of the party (i.e., an accident) as stated below (ii) the criminal facts of violation of the Road Traffic Act (i.e., an accident). Since this court permitted this and changed the subject matter of the judgment, the judgment of the court below is no longer maintained.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
[Judgment of the court below] The defendant is a person who is engaged in driving B Oralba.
On August 26, 2015, the Defendant, at the time of Busan-si, Seocheon-gu, Busan-si, 13:15, was driving along the road front of the 67 Incheon-si, Seocheon-gu, Seoul-do along the central line towards the border distance from telephone.
At that time, the defendant found that the victim C(45 tax) is driving an Otoba and driving while driving the vehicle, etc., and in such a case, the person engaged in driving the motor vehicle, etc. has a duty of care to live well and safely drive the motor vehicle and prevent the accident in advance.
Nevertheless, the Defendant neglected to do so and proceeded ahead of the victim, and the left part of the victim's right side was shocked to the right part of the defendant's right side on the part of the defendant's right side, making the victim go beyond the ground.
Ultimately, the Defendant’s negligence in the above occupational negligence makes it necessary for the victim to provide approximately 8 weeks of treatment to the right thirrosis.