logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.12.19 2014노3397
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of facts-finding, although the defendant was found to have driven a motor vehicle while under the influence of alcohol and caused injury to the victims by causing the instant traffic accident, the court below acquitted the victims of this part of the charges, which is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. The sentence of a fine of KRW 3 million imposed by the court below on the defendant is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. On August 12, 2013, the Defendant, while under the influence of alcohol of 0.142% on blood alcohol level, driven a vehicle with Category C rocketing at a speed of about 50 km from the side of 5 to the 3rd parallel parallel in Busan-dong at a speed of about 50 km with the 3rd parallel. The Defendant, while under the influence of alcohol, was under the influence of alcohol, was under the influence of driving a vehicle with approximately 3 weeks on the left side of the said vehicle driving ahead of the said vehicle, and was under the influence of driving a vehicle at a speed of about 50 km from the 5rd to the 3rd parallel in the speed of 50 km. As above, the Defendant suffered from the injury of the victim D(29 years old), who was under the influence of alcohol by the Defendant, and was under the influence of driving a vehicle at the right side of the said vehicle, requiring approximately 3 weeks medical treatment, who was under the influence of the damaged vehicle (1) age 1, G(27 years old) and H.

B. The lower court determined that it is difficult to exclude the following questions from the point of view solely on the basis of the above evidence, inasmuch as it is sufficiently strict evidence to exclude reasonable doubt as to this part of the facts charged, there is a statement made by D, the victim as a major evidence consistent with this part of the facts charged, the results of the traffic accident investigation and analysis, and the circumstance that the Defendant was a drunk driver.

1. I, the only witness, is the vehicle driven by the defendant in the original court.

arrow