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(영문) 청주지방법원 2016.01.21 2015노975
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant accident, the Defendant did not have driven a EXE car (hereinafter “instant vehicle”).

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of the facts charged is that the Defendant is engaged in driving a EXE car.

On November 15, 2014, under the influence of alcohol level of 03:30% from blood, the Defendant driven the above X-ray car to drive the roads front of the petition-gu C building in the Cheongju-si from the park on the side of the lake. In such a case, a person engaged in driving a motor vehicle shall not drive the motor vehicle under the influence of alcohol, and the Defendant has a duty of care to prevent accidents by accurately operating the steering direction and brakes.

Nevertheless, the Defendant neglected this and operated the above X-ray car while under the influence of alcohol, and received D’s front wheel part of D’s car (E) parked at that place, such as the front wheel part of D’s car on the right side of the X-ray car.

As a result, the Defendant suffered injury to the victim F (F) who was driven by the said X-ray car in a situation where normal operation is difficult due to influence of drinking, such as a multi-lock in need of treatment for about 2 weeks, a multi-lock in which it is necessary to provide multi-time care, a part of the head of the nozzle, and a brain dys in which it is not open in two parts.

B. The lower court determined that the Defendant: (a) led to the confession of the instant facts charged in the lower court’s court; (b) as a result of the appraisal of the blood trace buried in front of the instant vehicle; and (c) is highly probable that the Defendant was driving the instant vehicle at the time of the instant accident based on the aforementioned appraisal results, etc. by the Road Traffic Authority.

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