특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. The Defendant was not in a state of difficulty in normal driving due to influence of drinking at the time of the instant driving.
B. The lower court’s sentence of unreasonable sentencing (one year and four months of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The Defendant is a person who is engaged in driving a Csch Rexton car in the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes.
On February 27, 2016, the Defendant, at around 00:18, had the front intersection of E, located in Seocheon-gun, Seocheoncheon-gun, with a blood alcohol concentration of 0.117%, proceeded from the breath of Hyundai Motor Vehicles, to the E-section.
Since there is no signal signal, in this case, there was a duty of care to prevent accidents in advance, such as the reduction of speed of the vehicle, etc., if a person engaged in driving of a motor vehicle is well able to live on the front side and whether there is another vehicle entering the intersection, and whether there is another vehicle.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a one-way road and entered the intersection, and the front part of the G Costaex, which was driven by F, while proceeding to the right side from the left side of the horse course, was driven by the Defendant’s motor vehicle into the left rear part of the motor vehicle.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and caused the victim H (the 77 years of age) who is the partner of the said Lone Star shop to suffer bodily injury, such as a closed duplicing dynasium, in which the victim I (the 55 years of age), and the victim I (the 55 years of age) suffered bodily injury, such as dynasium and tension, for about two weeks of medical treatment.
B. The lower court determined that the Defendant was divided into horses immediately after the accident, took a little distance of sacrificing and sacrificing on the inside, and sacrifies the victims at the police box, and sacrife the police officers.