교통사고처리특례법위반
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.
1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for 10 months and 2 years of suspended execution) that the court below sentenced against the defendant is too uneasible and unfair.
2. An ex officio determination prosecutor filed an application for changes in the indictment with regard to the result of the occurrence of the accident stated in the indictment at the trial, which read, “the defendant suffered serious injury that the defendant would have caused the victim to be placed in a cerebral condition due to the exposure under the throstosis, etc.,” and the judgment of the court below was no longer maintained, since the court below changed the indictment to the effect that “the defendant caused the victim to suffer from the cerebral death due to the exposure due to the exposure under the throstosis, etc., caused the death of the victim due to the throst disorder caused by the exposure to the throstosis, etc. during the treatment of the victim due to the exposure of the throstosis, etc.”
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground that the above reasons for reversal exist under the above authority, and it is again decided as follows.
Criminal facts
The summary of the crime and evidence of this case against the defendant is as stated in the facts of the crime of the judgment of the court below, with the exception that "the defendant suffered serious injury that the defendant would have caused the victim to fall into brain death due to salute under salute, etc." as stated in the judgment of the court below, and except that "the defendant, due to this, caused the death of the victim due to salute due to salute due to salute salute, etc. from salute under salute, and caused the death due to salute salute shock from salute in the M Hospital on September 25, 2014 when he was under treatment."
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act.