특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of the facts and misapprehension of the legal principles, and the lower court recognized the Defendant’s blood alcohol concentration as 0.218% and found that the Defendant was in a difficult condition to drive normally.
There is an error of misunderstanding of facts and misunderstanding of legal principles that judged that the victim's damage is up to the degree of injury under the law.
2) The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination:
A. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal principles 1) Whether the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) due to drinking by the relevant legal principles constitutes “a state in which normal driving is difficult,” regardless of whether the crime of violation of the Road Traffic Act, unlike the case of the crime of violation of the Road Traffic Act, exceeds the statutory minimum level of alcohol level, the driver is in a state in which the actual normal driving is difficult due to the influence of drinking. Furthermore, the act of causing bodily injury or death while driving a motor vehicle under such state is subject to punishment (see Supreme Court Decision 2008Do7143, Nov. 13, 2008).
It does not refer to all cases where a driver is driving while driving a motor vehicle, but it is generally difficult to drive a motor vehicle due to the traffic situation on the road and the performance of driving vehicles, that is, the driver is unable to fulfill his/her duty of care required for driving under the Road Traffic Act because he/she is remarkably under the influence of alcohol or is unable to fulfill his/her duty of care required for driving under the Road Traffic Act, or is unable to abide by the mechanical operation method, such as steering gear and brakes essential for driving a motor vehicle.
And whether or not there was such a situation is a driver's attention.