(영문) 대구지방법원 2018.01.25 2017노3328 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.01.25 2017노3328

도로교통법위반(사고후미조치)등

Text

The judgment below

Part of acquittal shall be reversed.

Of the facts charged in the instant case, the violation of the Road Traffic Act (drinking driving) is committed.

Reasons

1. Of the facts charged in the instant case, the lower court found the Defendant guilty of the violation of the Road Traffic Act (on the part of the charges in the instant case), and sentenced a fine of KRW 1.5 million, and sentenced the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize the violation of the Road Traffic Act (on the part of the remaining charges of driving alcohol) and there is no other evidence to acknowledge it.

Accordingly, the defendant did not appeal against the judgment below, and the prosecutor appealed from the judgment of the court below only for the violation of the Road Traffic Act, which is the non-guilty part of the judgment of the court below.

Therefore, the judgment of the court below on the violation of the Road Traffic Act, which is a guilty part of the judgment of the court below, is divided and confirmed by the failure of both the defendant and the prosecutor to appeal. Thus, the scope of the judgment of this court is limited to the violation of the Road Traffic Act, which is not guilty

2. In full view of the evidence submitted by the Prosecutor as to the summary of the grounds for appeal (misunderstanding of the facts as to the acquittal portion), the fact that the Defendant was driven while drunk at least 0.050% alcohol content in blood can be recognized.

3. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in the indictment to the effect that “the portion of “0.090% alcohol concentration in blood” among the facts charged in violation of the Road Traffic Act (driving) which was acquitted by the court below was changed to “0.050% or more in blood,” as seen below. Since the subject of the judgment is changed by this court’s permission, the portion of acquittal in the judgment below cannot be maintained any longer.

However, notwithstanding the above reasons for reversal ex officio, the prosecutor's assertion of mistake on the part of innocence in the judgment below is still subject to the judgment of this court, and this will be examined below.

4. Prosecutor’s assertion of mistake of facts

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