beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. Summary of grounds for appeal;
A. The court below found the defendant guilty of this part of the facts charged even though it was not necessary to take measures to ensure smooth traffic since there was no scattering on the road after the occurrence of the traffic accident in this case.
B. The lower court’s imprisonment (two years of imprisonment) against the Defendant is too unreasonable.
2. The purport of Article 54(1) of the Road Traffic Act regarding the assertion of mistake of facts is to ensure safe and smooth traffic by preventing or removing traffic dangers and obstacles occurring on the road, not to restore victims' damage. In such cases, measures to be taken by drivers in accordance with specific circumstances, such as the contents of the accident and the degree of damage, shall be taken appropriately according to the specific circumstances, and the degree of such measures shall be taken to the extent ordinarily required in light of
I would like to say.
(2) On May 14, 2009, the following circumstances are as follows: (a) the Defendant: (b) was at the time of the occurrence of the instant traffic accident; (c) was under the influence of alcohol and was under the influence of alcohol, and was under the influence of alcohol so that the Defendant was under the influence of 310,00 won of the damaged vehicle; (d) the Defendant was driving immediately after the occurrence of the instant traffic accident, even though the Defendant was under the influence of 310,00 won of the repair cost of the damaged vehicle; and (e) the Defendant was under the influence of her driver, a driver of the affected vehicle, following the Defendant and the evidence duly adopted and examined by the lower court; and (e) the Defendant was under the influence of her driver, who was under the influence of her driver, could have additionally caused any danger and obstacle to traffic by reducing the her vehicle that was under the influence of her driver.