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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (the penalty of eight million won) is too unreasonable.
B. In full view of the following circumstances, the lower court found the Defendant not guilty of violating the Road Traffic Act (driving) even if the Defendant was found to have driven under the influence of alcohol more than 0.05% in blood. In so doing, the lower court erred by misapprehending the facts.
A) On December 29, 2015, from around 20:30 to 22:30, the Defendant made a statement that he/she drank by mixing with ben and ben (Evidence No. 35 of the evidence record). As such, even based on the Defendant’s statement, the initial drinking time was 20:30, and 178 minutes have elapsed from the time to the time of the final driving time and the time of the measurement of drinking.
B) The Defendant committed a standby driver, who was not a substitute driver for more than one year, did not drink only while waiting for a substitute driver.
The Defendant made a statement (Evidence No. 35 of the Evidence Record). According to this, the Defendant had already 90 minutes prior to the measurement of alcohol prior to the measurement of alcohol in this case, at the time when the amount reaches a light of 22:30 that is claimed at the final drinking time, and the amount of alcohol concentration in most of the blood alcohol in the form of drinking alcohol has already been risen.
I would like to say.
C) The written statement report on the driver’s statement in the state of drinking is written by the Defendant as “Berman’s Mad Co., Ltd., Mad Co., Ltd.,” with respect to the quantity of drinking alcohol, the Defendant’s walking condition is a little big strhy, and the Defendant’s speech state was rhyd with the horses, and the blood color was a little shock and face.
in writing.
D) The accident place had a significant impact on drinking if the Defendant was unable to move to and from work in advance at all times.
At the time, it was difficult to recognize the exact situation of the occurrence of the accident.
2) The sentence sentenced by the lower court is too unhued and unreasonable.
2. Determination
A. 1) The summary of this part of the facts charged is about December 29, 2015.