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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the legal statement by F of the witness F of the lower court, who was a police officer who investigated the Defendant by the public prosecutor (misunderstanding of facts), the fact that the Defendant driven a drinking alcohol at a distance of about 15 km from the wall gate to the point where the instant traffic accident occurred can be sufficiently recognized.
The court below held that the F’s above F’s legal statement is inadmissible and that the distance of the Defendant’s drinking driving is 200 to 300 meters, but the F’s legal statement is admissible in accordance with Article 316(1) of the Criminal Procedure Act.
B. The Defendant (unfair sentencing)’s punishment (an amount of KRW 4 million) by the lower court is too unreasonable.
2. Determination
A. 1) In addition to the provisions of Articles 311 through 316 of the Criminal Procedure Act, the part stating a statement in place of the statement at the preparatory hearing or the trial date, or the statement containing another person's statement outside the preparatory hearing or the trial date, cannot be admitted as evidence (Article 310-2) of the Criminal Procedure Act, the part stating that "the defendant was "the way from which he would drive the wall cremation" among the witness F's legal statement of the court below (Article 310-2) refers to "the way from which he would drive the wall cremation" means the statement of the defendant who is not the witness F, ② the statement at an investigative agency other than the preparatory hearing or the trial date, and ③ the "the defendant has been driving from the wall cremation" is submitted to prove the content itself, and therefore, it constitutes evidence that is, in principle, admissible by Article 310-2 of the Criminal Procedure Act.
3) The prosecutor asserts that the above F’s statement in the court is admissible as evidence under Article 316(1) of the Criminal Procedure Act, but the above assertion is not accepted for the following reasons.
(A) Article 316(1) of the Criminal Procedure Act amended on June 1, 2007 provides that the statement of the defendant is made at the preparation of a preparatory hearing or at the trial date of a person who investigated or participated in the investigation of the defendant as a person against whom the defendant was alleged.