특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Of the facts charged in the instant case.
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 was measured at 0.074% of the Defendant’s drinking value since the Defendant’s driving was measured (18:20) at the time of his driving until (19:08).
Even if 48 minutes of driving was 0.05% or more at the time of completion of driving.
It shall not be readily concluded.
Therefore, the defendant is not guilty of violating the Road Traffic Act.
2) The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The prosecutor 1) immediately stopped the victims of the instant accident without taking necessary measures, such as aiding the victims, even though he/she was injured by the victims of the instant accident.
Therefore, the defendant is found to have committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act.
2) The sentence of the lower court is too unhued and unreasonable.
2. Determination
A. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine [the part concerning the violation of the Road Traffic Act (drinking)] 1] The summary of this part of the facts charged is D’s franchise and a person engaged in driving of a vehicle.
On January 22, 2016, the Defendant driven the said car under the influence of alcohol content of 0.074% in blood around 18:20 on January 2, 2016, and driven the two-lanes of the two-lanes of 15 national highways located in the Pansung-gun, Yandong-gu, Pansung-gun, Pannam-do.
2) On the following grounds, the lower court determined that the Defendant driven at least 0.05% of alcohol content in blood.
The decision was determined.
According to the evidence adopted and examined in this case, the Defendant divided I and Soviet Nos. 17:30 to 18:00 on January 22, 2016, and divided I and Soviet No. 2-3 diseases around 18:20 on the same day. ② The Defendant caused the instant traffic accident at around 18:20 on the same day, and ③ the Defendant measured the alcohol concentration at 0.074% on the blood after undergoing a breath measurement by the police.