2014Do17158 Theirs, etc. (the name of recognized crime: Occupational Motor Vehicles

Morse, Occupational Death by Occupational) and Violation of the Road Traffic Act (Drinking)

A person shall be appointed.

Defendant and Prosecutor

Law Firm B

Attorney C, D, and E

Gwangju High Court Decision 2014No202 Decided November 27, 2014

January 28, 2016

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have found the Defendant guilty of violating the Road Traffic Act (driving) among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

2. As to the Prosecutor’s ground of appeal

Examining the reasoning of the judgment below in light of the records, it is just to reverse the judgment of the court of first instance which found the Defendant guilty on the ground that the act of the death caused by car burial among the facts charged in this case constituted a case where there is no evidence of crime. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding

3. Conclusion

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kwon Soon-il

Justices Kim Yong-deok

Justices Park Poe-young

Justices Kim Jae-han