마약류관리에관한법률위반(향정)등
The judgment below
We reverse the part concerning collection among the penalty surcharges.
1,677,00 won shall be additionally collected from the defendant.
. The defendant-appellant.
1. Summary of grounds for appeal;
A. Defendant (i) misunderstanding of the facts or misunderstanding of the legal principles (as to the point of escape after the injury from duty and the non-measures after the accident), the Defendant was waiting for G while stopping the vehicle on the side side of the instant accident site. However, as an adult male who stopped on the left side of the Defendant’s vehicle and stopped at a string-down taxi, began to leave the window of the Defendant’s driver’s seat and front glass in order to leave the vehicle in front, and the Defendant was waiting for the instant accident.
At the time, the Defendant was unaware of the progress of the Defendant’s vehicle from the rear side of the vehicle, and turned down the Defendant’s vehicle to the right side, and thus, only left the sidewalk and did not recognize that the Defendant’s vehicle was shocked. Therefore, the Defendant did not have awareness of the instant traffic accident itself.
Even if the defendant had dolusent awareness of the traffic accident of this case
Even if the defendant inevitably caused the accident in order to avoid the present danger to life and body, the defendant's act constitutes an emergency evacuation under Article 22 (1) of the Criminal Act.
B. The punishment of the court below (the punishment of imprisonment of three years, confiscation, confiscation of seized articles, collection of 1,758,00 won) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Determination:
A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the first instance court and the evidence duly adopted and examined by the first instance court, as to the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant’s vehicle stops on the side of the three-lane road in front of the EF restaurant located at the time of the instant accident.