beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although Defendant did not have driven Oral Ba while drunk as stated in the facts constituting a crime in the judgment below, the court below convicted Defendant of this part of the facts charged. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. In full view of the evidence submitted by the prosecutor, including each statement at the investigative agency of the victim and the court of the court below, and each photo of the damaged vehicle, the evidence submitted by the prosecutor, including the victim's misunderstanding of facts 1) (the violation of the Road Traffic Act which was acquitted at the court of the court below) and the victim's investigation agency and the court of the court below, despite the fact that the defendant caused an accident that caused the part above the part of the damaged vehicle's right-hand part of the damaged vehicle due to the circumstance as stated in this part of the facts charged, and damaged the damaged vehicle, the court below acquitted the defendant of this part of the facts charged for the
2) The sentence sentenced by the lower court to the Defendant (one year of suspended sentence in four months of imprisonment) is too unfortunate and unfair.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted that this part of the grounds for appeal was the same, and the lower court found the Defendant guilty of this part of the facts charged on the ground that, on the basis of the evidence presented in its holding and the circumstances recognized thereby, the Defendant sufficiently recognized the fact that the Defendant driven Oba while under influence as stated in the facts constituting an offense in the
In light of the records of the judgment of the court below and the comparison with the arguments of the court below and the court below, and considering the fact that jurors have delivered a verdict of conviction on this part of the facts charged at the court below's proceeding with the citizen's participation, the judgment of the court below is just and there is an error of law as alleged by the defendant.
section 2.2.