The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for four months.

, however, the defendant.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, it is sufficiently recognized that the cargo vehicle driven by the Defendant A was dead due to the shock of the victim H’s head head.

The judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The court below’s sentencing (1.5 million won of fine) against Defendant B is too uneasible and unfair.

2. As to the prosecutor's assertion of mistake of facts against Defendant A

A. In order to maintain the previous facts charged at the trial, the prosecutor applied for the amendment of the indictment to the provisions of Article 148 and Article 54(1) of the Road Traffic Act as stated in the conjunctive facts charged, and applied for the amendment of the indictment to add each of the ancillary facts charged, while the court permitted this.

(B) The original facts charged were the primary facts charged. Since the subject of the adjudication was changed in the trial, this part of the judgment of the court below is no longer able to be maintained.

However, even if the judgment of the court below has the above reasons for reversal of authority, the argument of mistake of facts about the primary facts charged by the prosecutor is still subject to the judgment of the court.

[Preliminary Facts] The Defendant is a person engaging in driving a cargo vehicle of K 4.5 tons.

On September 15, 2012, the Defendant operated the above cargo vehicle on September 15, 2012, and continued two-lanes between the two-lanes between the two-lane national highways of GF in the official city.

At the time, there was a duty of care to reduce speed to persons engaged in driving service at night, thoroughly operate the steering system, and accurately operate the steering and operating the steering system.

Nevertheless, the defendant neglected this and neglected to do so.