(영문) 부산지방법원 2018.02.20 2017노3592 | 리걸엔진

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(영문) 부산지방법원 2018.02.20 2017노3592

교통사고처리특례법위반(치사)등

Text

The judgment of the court below is reversed.

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

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

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The instant accident occurred due to the sudden acceleration of the harming vehicle. Although the Defendant did not properly conduct the front-round city or operated the accelerator with the speed system, the lower court found Defendant 1 guilty of the facts charged in the instant case. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (one year and two months suspended sentence of imprisonment, two years suspended sentence of one year and two months, and 120 hours for community service) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. Before determining the grounds for appeal by the Defendant and the prosecutor, prior to the judgment of ex officio, the Prosecutor applied for an amendment to an indictment with the content that “as of June 24, 2016, the Prosecutor changed the “as of June 24, 2016,” “as of June 24, 2016,” “as of June 24, 2016,” and the subject of the judgment by this court was changed, the lower judgment was no longer maintained in this respect.

B. Although the judgment of the court below on the defendant's assertion of mistake of facts has the above reasons for reversal ex officio, the defendant's assertion of mistake of facts is still subject to the judgment of the court of this case within the scope of the modified facts charged, and this is examined. The defendant's assertion as to the grounds for appeal of this case at the court below, and the court below rejected the above assertion by explaining the defendant's assertion and its decision on the very long part in the summary of the evidence of the judgment. In light of the above judgment of the court below compared with the records, the judgment of the

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the court below's decision is reversed ex officio.

유사 판례

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-수원지방법원 2016.06.15 2016노774

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