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(영문) 전주지방법원 2019.01.25 2018노1348

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to all evidence, such as a mistake of facts (not guilty part) where the victim was involved in the accident (the side of the second lane) and the video of the Defendant’s vehicle cream, the judgment of the court below which acquitted the Defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) among the facts charged in the instant case, even if the Defendant had been aware of the intention

B. The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding class) is too uneasy and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The gist of this part of the facts charged is that the Defendant is a person engaging in driving service of B B B B B B.

On January 26, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.078% on blood alcohol level around 21:48, and driven the said vehicle along the two-lanes of the Drmoth Do Do Dapppp in the Ysan-si, the Defendant driven the two-lanes of the two-lanes from the el chemical ozone distance range to the private distance range of the second Corporation.

At the time, since it was at night, there was a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle by reducing speed and by checking well the right and the right of the front.

Nevertheless, when the Defendant did not neglect his duty to see the front side, the Defendant received the back portion of the E F 25 tons of a car loaded on the left side of the Defendant’s vehicle owned by E, which is parked on the side of the two-lanes in the front side of the horse, and continued to turn the hand over to the left side of the Defendant’s vehicle, and continued to turn the hand over to the left side, and again, entered the two-lanes by plucking the hand on the right side, and let the victim G (52) (the 52 years old) who was located on the above 10-meter side of the truck go beyond the delivery.

The Defendant, due to the foregoing occupational negligence, she was faced with the injury of the victim G, such as the mouth, closure, right-hand, etc. of Anacheon-gu, which requires approximately four weeks of medical treatment.