The judgment below

The part of innocence (the point of occupational death) shall be reversed.

Defendant shall be punished by imprisonment without prison labor for ten months.

1. In light of the overall circumstances at the time of the accident, including the J and K’s statement of witness at the site at the time of the accident, the court below acquitted the Defendant of the facts charged in this case by erroneous determination of facts that affected the conclusion of the judgment, even though the Defendant was sufficiently aware of the fact that the victim had been dead due to the shocking of the victim’s head, the Defendant was shocking back of the rear head of the victim, and the sculpting part of the victim’s head, and the sculpting part of the body of the victim.

2. According to the records of the scope of trial at the trial court, the court below found the defendant guilty, and found the defendant guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the Road Traffic Act (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Death and Injury by Occupational Negligence (Act No. 20138) are concurrent crimes under the former part of Article 37 of the Criminal Act. Since only the prosecutor appealed to the acquittal portion, the conviction portion for which both parties

Therefore, the part which is subject to the judgment of a party member pending in the appellate trial is limited to the part which caused occupational death, which is the part of innocence by the lower court, and the part which is not guilty should be reversed even if the appellate court accepts the prosecutor'

(See Supreme Court Decisions 91Do1402 delivered on January 21, 1992, 2004Do4663 delivered on January 28, 2005, etc.). 3. Determination as to the grounds for appeal

A. On December 3, 2014, the Defendant was sentenced to a suspended sentence of two years in August, 200, probation and community service order 80 hours in the District Court, and the said judgment became final and conclusive on the 11st day of the same month, due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act.