특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. Summary of grounds for appeal;
A. The lower court’s sentencing is too inappropriate.
B. Comprehensively taking account of the evidence submitted by the prosecutor 1, the court below found that the defendant was guilty of the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) although he could sufficiently recognize the facts leading to the instant accident while driving under a difficult condition due to influence of drinking. The court below erred by misapprehending the facts.
2) Improper sentencing of the lower court is deemed unreasonable.
2. Determination as to the prosecutor's assertion of mistake of facts
A. On December 28, 2017, the Defendant: (a) driven a vehicle with a alcohol level of 0.135% at around 23:13: (b) with a view to normal operation under the influence of alcohol at around 0.135% on blood; (c) driven the vehicle at the center of the front road in E in South and North D, along the left side of the road in front of South and North D, to an educational intersection at the intersection; (d) was driven by the occupational negligence of the victim F (61 years old) who was normally driven along the above advance route while driving the vehicle at the direction of the road in front of the road in South and North Korea; and (e) the Defendant suffered from the victim’s 6-day therapy and the injury to the victim’s face of the vehicle in front of the said road in question (49 years old and 2 years old; and (e) the victim’s 3-day therapy and the injury to each of the said vehicle in need of treatment.
B. The lower court determined that the following was comprehensively taken account of the evidence adopted by the lower court, and that the Defendant was unable to answer properly despite having been asked by the police about the background of the accident at the site of the instant accident, namely, ① the Defendant was dispatched from the police station, and thereafter was dispatched to the Young-gu Integrated Hospital sent by the Defendant.