상해등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The court below dismissed the prosecution as to the violation of road traffic law due to the damage of each negligence in the facts charged of this case, and sentenced the remainder of the facts charged.
However, since only the Defendant appealed on the conviction part of the judgment below and did not appeal all the prosecutor and the Defendant regarding the dismissal part of the public prosecution, the dismissal part of the judgment below became final and conclusive as it is.
Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.
2. Summary of grounds for appeal;
A. At the time of the instant traffic accident, the Defendant: (a) had been shocked due to urology, who was suffering from a usual disease due to the shock of the accident; (b) was unable to deal with the traffic accident by himself/herself; and (c) became aware of the fact of the traffic accident to LIG non-life insurance and relatives who were enrolled in the name of his/her spouse.
When L arrives at the accident site, the defendant killed the condition of the damaged vehicle by requesting the disposal after the accident and dealt with the accident.
At the time of the accident, the Defendant used the urology and mental medicine at the time of the accident, and was in L's vehicle and towing vehicle by taking the medicine.
After that, the insurance dispatch officer did not need to inform the defendant to the police station, and agreed to compensate the victims for the damages.
Therefore, even though all necessary measures to prevent danger on the road after the traffic accident of this case were taken, the court below found the defendant guilty of the non-measures after the damage of the goods, which affected the conclusion of the judgment by misunderstanding the facts.
B. The lower court, on November 26, 2014, sentenced the Defendant to ten months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court’s Jinju Branch, and completed the execution of the sentence at the Changwon Prison on March 27, 2015.
However, as of May 3, 2015, the defendant committed the crime of this case, the judgment was made on May 3, 2015.