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(영문) 대전지방법원 2014.02.19 2012노2728
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the circumstances before and after the accident, such as misunderstanding of facts or misunderstanding of legal principles (the point of driving a driving a driving a driving a driving a driving driving) that the defendant invadedd the central line while under the influence of alcohol and caused the accident, and the victim D stated that the shock caused by the traffic accident was reasonable at the time, the defendant escaped even if he did not have been aware of the accident in this case, but the court below acquitted the defendant of this part of the charges, or erred by misapprehending the legal principles on the crime of driving

B. The prosecutor of the court below sentenced the sentence of unfair sentencing (one year and six months of imprisonment, two years of suspended sentence, one year of probation, and forty hours of alcohol treatment lectures) to the defendant.

It is too unfortunate that it is unfair.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The Defendant in this part of the facts charged is a person who is engaged in driving service of ready-soil or cargo vehicles C (hereinafter “Defendant vehicles”).

On April 28, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 0.160% of alcohol level 0.160%, and continued to drive the vehicle at a speed of about 40 km per hour from the mouth of the river basin 591 local highway Corporation, Dai-ri, Dai-ri, Dai-gun, Chungcheongnam-gun, Seoul, to the front side of the river basin 591.

Since there is a sudden slope, there was a duty of care to prevent accidents by safely driving along the car line, a person engaged in driving a motor vehicle has a duty of care to live well on the right and the right of the front side and the right of the vehicle.

Nevertheless, the Defendant neglected this and was negligent in driving a vehicle under the influence of alcohol, thereby resulting in the Defendant’s death on the left-hand side of the Defendant’s driving vehicle at the top-hand side of the victim D's low-speed drive, which was going beyond the center line and is proceeding in the opposite direction.

As above, the Defendant is in a state where normal driving is difficult due to influence of drinking.

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