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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant, after the instant accident, misunderstanding of the fact, moved the Defendant slowly on the ground that the Defendant left the Defendant d's d's d's d', immediately after the instant accident. The Defendant: (a) was on board again to stop the d's d'c'; (b) but the Defendant was left in the b's d' k's k's k's k's k's k's k's k's k's k's k's ped'; (c)
In full view of such circumstances, the judgment of the court below that found the defendant guilty of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Escape) against the defendant on the premise that the defendant had a criminal intent to commit the crime, even though it may be recognized that the defendant had not
2) The sentence of the lower court (four years of imprisonment) that is unfair in sentencing is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. Determination
A. Determination 1 on the assertion of mistake of facts) The summary of this part of the facts charged is a person who is engaged in driving a vehicle D i30.
On December 25, 2016, the Defendant driven the said car under the influence of alcohol level of 0.143% among blood transfusions on December 25, 2016, and proceeded at a speed of about 40 to 50 km at a speed of about 40 to 50 km from the upstream of the water station, driving the said car at a speed of 0.143%.
At night, delivery, bus stops, etc. are located on the right and right and right and the passage of buses, vehicles, and people are frequent, so in such a case, the driver of the vehicle has a duty of care to thoroughly operate the front and the steering system, etc., and to prevent accidents in advance by driving a clear mind.
Nevertheless, the defendant neglected to do so under the influence of alcohol and is proceeding, and the victim F(59) who crosses the road to the left-hand side of the direction of the proceeding is i30.