특정범죄가중처벌등에관한법률위반(도주치상)등
All appeals filed by prosecutors and defendants are dismissed.
1. Summary of grounds for appeal;
A. In relation to the crime of prosecutor(s) and prosecutor(s) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (the Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (the
In addition, the punishment sentenced by the court below (six months of imprisonment) is too unhued and unfair.
B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. In order for the emergency arrest against the defendant to be lawful in determining the mistake of facts or misapprehension of legal principles by the prosecutor, it must be deemed that “the suspect has a reasonable ground to suspect that he/she committed a crime punishable by capital punishment, imprisonment for life or imprisonment with or without prison labor for a maximum of three years, or imprisonment with or without prison labor for a maximum of three years”
However, it is difficult to readily conclude that at the time of arrest of the defendant in relation to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the defendant was under the influence of alcohol at the time of the arrest of the defendant as properly explained by the court below, and 40 minutes after the accident of this case has already elapsed at the time of arrest of the defendant in relation to the charge of violation of the Road Traffic Act. In the situation where the defendant asserts that he takes alcohol at home, it is difficult to recognize the reasonableness of the charge of the crime, on the sole basis of the circumstance that the defendant sneeps the defendant, or that the defendant was under the influence of alcohol at the time of arrest, even though he was under the influence of alcohol at home, it is difficult to recognize the reasonableness of the charge of the crime.
Therefore, the arrest of the defendant is illegal because it does not meet the requirements of emergency arrest.
Therefore, the prosecutor's mistake.