특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. According to the evidence of misunderstanding of facts and misunderstanding of legal principles (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) even though the defendant could sufficiently recognize the fact that the defendant caused the instant traffic accident resulting in the death of the victim and attempted to flee, the court below erred by misapprehending of facts and misunderstanding of legal principles in finding
B. The lower court’s sentence of unreasonable sentencing (a fine of four million won) is too uneased and unreasonable.
2. Determination
A. Determination of misunderstanding of facts and misapprehension of legal principles 1) The summary of this part of the facts charged is the person who is engaged in driving of Fpoter freight. The Defendant, from January 3, 2015 to 18:55 on the same day, driven the above cargo while under the influence of alcohol level of 0.185% between 18:45 on January 3, 2015 and 18:5 on January 3, 2015, led the Defendant to drive the above cargo at a narrow speed of 1 lane (3m wide) in front of the village in the previous Eup/Y-Eup village in the previous Eup/Myeon, at the speed of E (3m wide speed) from the village room in which speed cannot be known. At the time, the deaf road was flicked in a narrow and narrow manner, and the victim G (the person engaged in driving the motor vehicle was 80 years old and under the same direction as above) to prevent the pedestrian accident from being operated in advance, such as operation of pedestrian safety devices.
Nevertheless, under the influence of alcohol, the defendant was negligent in driving so that the victim was found late due to negligence and did not avoid it, and the defendant was able to receive the victim on the left side of the cargo vehicle that the defendant drives and transferred the victim to the ground.
Ultimately, even though the Defendant’s occupational negligence caused the death of a victim due to cerebrovascular and double pelkes, the Defendant immediately stops and provides relief to the victim.