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(영문) 대구지방법원 2016.04.21 2015노2042
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (for six months of imprisonment without prison labor and two years of suspended execution) is too unhued and unreasonable.

2. An ex officio determination prosecutor added “A” under Article 40 of the Criminal Act, which is applicable in the trial of the party, and among the facts charged, “The Defendant caused the death of the victim H (the age of 72) who was on the part of the Defendant’s driver’s vehicle due to the occupational negligence, due to the duplication of cuplic at the victim H (the age of 72).

“Around January 3, 2015, the Defendant caused the death of the victim H (V, 72 years of age) on board the Defendant’s driver’s vehicle due to such occupational negligence by the Defendant to a acute pulmonary mal mar due to the malone of the Gu-U.S. hospitals affiliated with the Korean National University of Science and Technology, which was located in 12-ro, Guro-si, Gu-si on January 3, 2015, and the victim I (74 years of age) on April 18, 2015, at the Gu-U.S. hospital affiliated with the Korean National University of Macheon-si, Seoul, 179, as the Corporation of April 18, 2015.

“Application for Amendments to Bill of Indictment was filed,” and the subject of the adjudication was changed by this court, and the judgment of the court below was no longer maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows after pleading.

Criminal facts

The defendant is a person who is engaged in driving of CSP car.

On January 2, 2015, the Defendant driving the said car at around 11:50, and driving it in front of the E hospital located in G, Gyeongbuk-gun, the Defendant started temporarily to stop the vehicle and proceed directly from the left side without considering the traffic situation of the vehicle driving directly from the left side while driving it on the side of the Gero police station which entered the intersection as it is, two-lanes.

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