교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (limited to 9 months of imprisonment, 3 years of suspended sentence, 40 hours of compliance driving, 120 hours of community service) is too uneasy and unreasonable.
2. Before determining the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in indictment with the following facts charged in this court: Provided, that the subject of the judgment was changed by this court, and the judgment of the court below cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows after pleading.
[Grounds for a new judgment] The criminal facts acknowledged by this court in the criminal history of the crime committed by this court are as follows: “In the end, the Defendant suffered from an injury to the victim due to the above occupational negligence on the part of the court below that the victim suffered from an injury to the victim of an in-depth cerebrovascular, an in-depth acute acute typosis, and an indoor cerebrs
“In the end, the Defendant caused the death of the victim due to the above occupational negligence in the N Care Hospital M in the Cheongju-si Office M on December 15, 2017.
Except for the case of Ro-ro, the judgment of the court below is identical to the corresponding column of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
The summary of the evidence recognized by this Court is the summary of the judgment of the court below, and "1. The defendant's oral testimony
1. Each police statement made to theO or P;
1. Except for the addition of “Death Certificate,” it is identical to the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2), 7, 8, and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.