교통사고처리특례법위반
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the location of the instant accident is likely to sufficiently predict the unauthorized crossing; and (b) the Defendant caused a traffic accident by negligence, which caused the death of the victim by neglecting the duty of the front-time driver.
Nevertheless, the judgment of the court below which acquitted the defendant on the facts charged is erroneous.
2. Prior to the judgment on the grounds for appeal by the ex officio decision-making prosecutor, the prosecutor deleted Article 4(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which is applicable to the case at issue, and thereby, in the facts charged, the defendant suffered from an injury to the victim, such as an injury to the victim of an external wound, which is open in two open addresses where the number of days of treatment cannot be known due to occupational negligence, and thereby, the victim’s life was at risk.
“Around August 14, 2015, at around 05:42, around August 2015, the Defendant suffered injury to the victim, such as blood transfusion, from the external wound props with which the number of days of treatment cannot be identified by the above occupational negligence,” thereby resulting in the death of the victim due to the suspension of cardiopulmonary function due to the infection in the O convalescent hospital located in Yeongdeungpo-gu Seoul Metropolitan Government N.
“A request for amendments to Bill of Indictment was made.”
The judgment of the court below is no longer maintained as the subject of the judgment was changed by this court's permission.
However, the court below's appeal is still subject to the judgment of this court despite the above reasons for reversal of authority.
3. Judgment on the prosecutor's assertion of mistake of facts
A. The summary of the facts charged in the instant case is a person who is engaged in driving a vehicle of C New Franchise XG.
On January 19, 2015, the Defendant driving the said car on January 19, 2016:30, and driving it on the road of four lanes in front of the second apartment complex located in the Yellow-ro, 5780 in the Yellow Sea, and driving it on the speed from the east of the city to thewest of the city.