beta
(영문) 제주지방법원 2013.10.24 2013노234

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court (two years of suspended execution in August) is too unhued and unfair.

2. Prior to the judgment on the grounds of appeal by the ex officio determination prosecutor, the part of the facts charged in the instant case that “the prosecutor suffered serious injury, such as damage to two inwards accompanied by the two constant mixed water, which requires constant treatment for about 36 weeks,” which stated that “the victim suffered serious injury, such as damage to the two inwards, which accompany approximately 36 weeks of constant mixed water,” was modified by the court below to the effect that at around 11:34, July 29, 2013, the latter part of the F Hospital’s disease room in the same Si E, changed the applicable provisions to “the victim caused death due to acute hyssis caused by cerebral cerebralosis during the hospital treatment, etc., during the hospital treatment, and thus, the latter part of the judgment below was no longer subject to permission by changing them to the purport that “Article 3(1) of the Act on Special Cases concerning the Treatment of Traffic Accidents and Article 268 of the Criminal Act.”

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment is again rendered following the pleadings.

[Judgment] The defendant is a victim D (77 years old) who crosses the above road to the right side of the direction of the defendant's vehicle due to negligence although he neglected his duty of care to safely see the front part of the defendant's vehicle's driving on December 19, 2012, while driving C freight cars around 06:30 and driving on December 19, 2012 and driving on the one side of the two-lane road in Han-dong Elementary School in Han-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-gu. At that time, the surrounding area was left before sunrise and the right side was not secured.