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(영문) 서울중앙지방법원 2020.09.29 2020노1044

특정범죄가중처벌등에관한법률위반(위험운전치상)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (hereinafter referred to as a fine of KRW 15 million) is too unreasonable.

B. Prosecutor 1) In full view of the fact-finding (not guilty part of the reason) of the Defendant’s mistake (not guilty part) and the Defendant’s blood alcohol concentration at 0.184% at the time of the accident, the driver’s drinking level is considerably high, the Defendant’s speech and behavior state as stated in the investigation report (report on the circumstances of the principal driver), and the walking condition, the Defendant could be deemed to have been in a difficult condition due to the decline in his ability to drive normally at the time of the instant traffic accident. The Defendant did not argue that the Defendant was in a difficult condition due to the decline in his ability to exercise due to the decline in traffic at the time of the accident at the time of the accident or the investigation, and the Defendant indicated the “pharmaceutical impact such as alcohol, etc.” as the cause of the accident at the time of the actual traffic accident investigation, the instant traffic accident can be recognized to have occurred while normal driving was difficult due to the influence of alcohol, but the lower court determined that this part of the charges was not guilty, which erred by misapprehending the facts and adversely affecting the judgment.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The judgment of the court below is based on the following circumstances acknowledged by the evidence duly admitted and investigated by the court below despite the fact that the defendant was unable to operate the brake system in the state of stopping at the time of the accident at the time of the accident, i.e., (i) the defendant's speech and behavior state against the defendant, (ii) the walking state, (iii) the walking state, (iv) the driver's blood color, and (v) the vehicle driven by the defendant, even by the black image of the vehicle under the stop.