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(영문) 대구지방법원 2018.02.08 2017노5224
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor (misunderstanding of the legal doctrine) committed a crime of violation of the Road Traffic Act due to the destruction of property by negligence among the facts charged in the instant case, as the Defendant agreed with all victims after instituting the prosecution, the judgment dismissing the prosecution shall be sentenced pursuant to Article 3(2) of the Act on Special Cases Concerning

Nevertheless, since the lower court rendered a guilty judgment, it erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment (the prosecutor files an appeal of this case for the benefit of the Defendant). B. The lower court’s sentence (hereinafter “unfair sentencing”) is too unreasonable.

2. A summary of the facts charged as to the violation of the Road Traffic Act due to the damage of property by negligence is a person who is engaged in driving a vehicle with C highest typ.

On June 19, 2017, when the Defendant was under the influence of alcohol at around 01:15, the Defendant started to flee by witnessing a four-lane front of the E main point in Daegu Western-gu D while driving the said low-speed car at around 01:15, and by taking approximately 200 meters back to avoid the detection of alcohol driving, and by taking an illegal internship.

While the Defendant, as seen above, had escaped, came to proceed to the direction of the four distances from the front side of the death front of the death front of the 19-23 U.S. In the Daegu Western-gu and the 10-23 U.S. B. B., the death.

At the time, vehicles were parked on the road side by night, and at the same time, there was a duty of care to prevent accidents by immediately stopping and accurately manipulating the steering gear and brake system to prevent accidents.

Nevertheless, the defendant's negligence while neglecting it under the influence of alcohol, is against the left-hand side of the G rocketing car owned by the victim F(52) who was parked on the road in front of the above low-speed car.

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