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The judgment below
The guilty portion against the defendant shall be reversed.
Defendant shall be punished by a fine of five million won.
Defendant.
Reasons
1. Summary of grounds for appeal;
A. The sentence of imprisonment (six months of imprisonment) by the lower court is too unreasonable.
B. According to the evidence submitted by the prosecutor, the court below acquitted the victim J and L on the part of the facts charged, although the defendant could sufficiently recognize the fact that he was injured by his occupational negligence while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, such as the facts charged, although the court below acquitted the defendant on this part of the facts charged. The court below erred by misapprehending the facts, which affected the conclusion of the judgment. 2) The sentence of the court below on the grounds of unfair sentencing is too unreasonable.
2. Determination
A. In a criminal case of a prosecutor’s assertion of mistake of facts, evidence of criminal facts must be presented by the prosecutor, and even if the change of the defendant’s lawsuit is unreasonable and false, it cannot be disadvantageous to the defendant due to such reason. The proof of criminal facts should have a judge have high probability to recognize high probability to the extent that there is no reasonable doubt, and if there is no evidence to establish such a degree of conviction, it is doubtful that the defendant is guilty even if there is no evidence to establish such a degree.
Even if there is no choice but to judge the interests of the defendant.
(2) In light of the above legal principles and records, the court below's decision that found the defendant guilty of this part of the charges on the ground that there is insufficient evidence to acknowledge that the defendant suffered each injury from the victim J and L for the reasons as stated in its holding, and there is no sufficient evidence to support that the defendant suffered each injury from the victim J and L. The court below's decision that acquitted the defendant of this part of the charges on this part is just, and there is no sufficient evidence to support that this part of the charges merely did not constitute a high probability beyond the suspicion of conviction.