교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The sentence of the lower court (the suspension of the execution of the imprisonment without prison labor for August and the community service order of 160 hours) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. An ex officio judgment prosecutor changes the facts charged in the instant case as stated in the facts charged in the judgment below, and the applicable law Article 3 (2) proviso 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents applies for the amendment of indictment to delete the facts charged, and the judgment of the court below cannot be maintained on the ground that this court permitted this and changed the subject of the adjudication.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows.
[Grounds for the new judgment] The defendant is a person who is engaged in driving of the vehicle in C salary class III and III Plus.
On September 19, 2017, the Defendant driven the above vehicle around 21:20, and tried to use the two-lane road in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul along the two-lane intersection from the Gyeong-dong apartment room to the intersection of the Tri-day Intersection. In such a case, a person engaged in driving a motor vehicle is prohibited from making a U-turn at a place other than the permitted section for U.S., and there was a duty of care to safely change the traffic situation at the right and right and right and right and prevent the accident from spreading.
Nevertheless, the defendant neglected to do so and instead, the defendant's full part of the FOtob, which the injured party E (V, 32 years old) is driving along one lane due to the change of the fleet from one lane to one lane in order to attempt illegal U.S. on the two lanes above, not the U.S. permitted section for internships.