교통사고처리특례법위반
The judgment of the court below is reversed, and the case is remanded to the Incheon District Court Panel Division.
The grounds of appeal are examined.
1. Even though the defendant's act is not a direct cause for the death of the victim, in cases where the result of death was caused by combination of other indirect causes generated from the defendant's act and such act is related to the person who committed the death (see Supreme Court Decisions 82Do2525, Dec. 28, 1982; 91Da34707, Nov. 24, 1992, etc.). 2. Review of the first instance court's decision and the records, including duly adopted evidence, reveals the following facts.
A. On April 14, 2013, the Defendant driven a car on April 14, 2013, while driving the car at around 22:41, and caused the accident by occupational negligence to go beyond the right side of the victim (hereinafter “instant traffic accident”). B. The victim suffered from the injury, such as the instant traffic accident, such as the combined dubing of the right-side complex of expenses for treatment for about eight weeks, and transferred the car to the hospital by the emergency squad around 119, around April 16, 2013.
(c)
On April 17, 2013, at around 09:30 on April 17, 2013, the victim received a primary surgery (a fixed operation to prevent the bones from being laid in the outside). On May 2, 2013, on around 09:30 on May 2, 2013, the victim received a secondary surgery (a finine surgery to ensure that it can be difficult on the mouth inside the mouth).
(d)
On May 2, 2013, after receiving the second operation, the victim showed the symptoms of the pulmonary paralysis on May 2, 2013, and died in light of the 13:00 square light around the same day.
E. The medical doctor F who treated the victim: (1) The cause of the victim’s death in the statement of opinion is acutely serious, and stressed by pain due to stress and surgery on the part of the victim’s person’s person’s person’s person’s person’s person’s person’s person’s person’s person’s person’s person’s person’s person
(2) At the court of first instance, the first operation is an operation to fix the bonesd from the outside so as not to drive, and the risk burden is low, and the first operation is after it.