특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. A. Although it was true that the Defendant was driving with drinking alcohol at the time of the instant case, it was not difficult to drive normally due to drinking.
Since the Defendant her drinking alcohol at least four hours and driving after the end, to some extent, the Defendant was frank.
In this part of the facts charged, it cannot be deemed that the blood alcohol concentration of the Defendant, specified in the facts charged, is correct as it arbitrarily added 0.07% to 0.193% of the blood alcohol concentration deposit by drinking measurement after the expiration of 53 minutes from the traffic accident as indicated in the judgment of the court below (hereinafter “accident in this case”).
At the request of a police officer, the Defendant measured drinking in a net manner, and did not cross or take a rupture.
The instant accident occurred between the Defendant and the Defendant’s Hand phone-on and the Defendant’s blick-on vehicle, and then finds it late, and is irrelevant to drinking.
The judgment of the court below that found the Defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment.
B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.
2. Determination
A. Determination as to the assertion of mistake of fact 1) The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is established when driving a motor vehicle while normal driving is difficult due to influence of drinking, resulting in the injury or death of another person.
In this context, the "driving of a motor vehicle in a state where normal driving is difficult due to influence of alcohol" is unable to fulfill the duty of care required for driving under the Road Traffic Act because the driver's ability to drive the motor vehicle actually is lowered and judged due to drinking, or it is essential to drive the motor vehicle.