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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The prosecutor’s sentence of the lower court (two years of imprisonment) is too unhued and unreasonable.
B. Defendant 1) misunderstanding of facts and misunderstanding of legal principles did not have driven the central line at the time of the instant accident. In full view of the circumstances such as black stuff images at the time of the instant accident, road conditions at the site of the instant accident, and blood alcohol concentration level of the Defendant and B, the Defendant did not have any negligence on the part of the Defendant as to the instant accident, as the instant accident occurred due to the median of the central line, which is the driver of the counterpart vehicle B. Nevertheless, the Defendant had driven the central line at the time of the instant accident. Accordingly, the lower court erred by misapprehending the fact that the Defendant was negligent on the part of the Defendant, or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) In so doing, the lower court’s sentence of unfair sentencing (two years of imprisonment) by
2. Determination
A. Of the facts charged in the instant case, the Defendant is a person who is engaged in driving a C New Franchiseer XG car.
On May 31, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.066% of blood alcohol level on May 23:3, 2018, and driven the two-lane road in front of the East Eastern Zone of Gangseo-si 2439 (Songdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong
At this point, since the road was marked with the center line of yellow solid lines, a person engaged in driving a motor vehicle has a duty of care to avoid driving the center line with the duty of care.
Nevertheless, the Defendant neglected to commit this, and thereby, she is driving by the injured party B (the age of 56) who is driving in the top string of a car in F. B (the age of 56) with the top string of the vehicle of the Defendant.