교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence of the court below (10 months without prison labor) against the defendant on the summary of the grounds of appeal by the defendant is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds for appeal. The prosecutor, in the facts charged, applied for changes in the indictment to "after the defendant applied for changes in the indictment to "after the defendant applied for changes in the indictment to "after the above occupational negligence that caused the death of the victim due to multiple growth, etc. in the Native Care Hospital located in Busan East-gu M around October 20, 2020, the judgment of the court below was not maintained in this respect since this court permitted the changes in the subject matter of the judgment by allowing it."
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
[Reasons for the judgment in its reasoning] The criminal facts and summary of evidence acknowledged by the court in this case and the summary of evidence are as stated in the corresponding column of paragraph (2) of the judgment of the court below prior to the criminal facts of the court below, and the summary of evidence is as stated in the summary of the evidence as stated in the above part of the judgment of the court below, and as stated in the summary of the evidence, "the defendant's legal statement" is as stated in the defendant's statement in the fourth trial protocol of the court below, and as stated in the corresponding column of the judgment of the court below except for adding "the investigation report (Attachment of a death certificate)," "a copy of a medical record", and "a statement of opinion" as stated in the corresponding column of the court below.
Application of Statutes
1. Relevant legal provisions concerning criminal facts and special cases concerning the selection of punishment for traffic accidents;