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(영문) 춘천지방법원 2015.04.01 2014노44
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

1. The summary of the grounds for appeal (e.g., indubly unfair) of the lower court’s sentence (e., 10 months of imprisonment without prison labor and 2 years of suspended execution) is too unflu

2. Prior to the judgment on the grounds for appeal of ex officio determination, the prosecutor tried to examine the part of the indictment No. 13 and the part of the indictment No. 13 at the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the judgment of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the judgment of the trial of the trial of the trial of the court below. The defendant applied for changes to the above part of the judgment of the trial of the court below to "the defendant caused the death of the victim due to cerebral shock and cardiopulmonary function due to cerebral s

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is so decided as follows, without examining the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal, such as Paragraph (2).

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows. The part of the judgment of the court below in Articles 13 through 15 of the facts constituting the crime. "The defendant suffered brain injury, etc. which requires approximately eight weeks of medical treatment due to the above occupational negligence, and thereby caused the victim to be unable to be frightd, and the victim to be frightd, etc." The defendant of the final judgment cited the part as it is in accordance with Article 369 of the Criminal Procedure Act, "The defendant caused the victim's negligence in the above occupational negligence on April 14, 2014, by the O hospital located in Jeong-gun N, Jeon-gun, to death due to brain shock, and the suspension of cardiopulmonary function." This part of the judgment below is identical to each corresponding column of the judgment of the court below except for adding "1. death diagnosis" to the summary of evidence.

Summary of Evidence

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Criminal Act;

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