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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the court below acquitted the defendant of mistake of facts and misapprehension of the legal principle on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, it is erroneous in the misapprehension of the legal principle on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which affected the conclusion of the judgment, although the defendant could sufficiently recognize that the
B. In light of the fact that the Defendant was under the influence of alcohol 0.160% and was under the influence of normal driving of the truck while driving the truck, the Defendant shocked the vehicle driven by the victim C while shocking the vehicle and shocked the said vehicle to the cargo of the victim E, thereby causing three-way injury to the victim C, and at the same time, the Defendant escaped without any measure even after damaging the said vehicle and the cargo, and the drinking driving is in need of strict punishment by reflecting the purport of the revision of the Road Traffic Act, and the Defendant’s history of driving under the influence of alcohol is two times, etc., the sentence of the lower court (two years of suspended sentence for October, and one hundred and twenty hours of probation and community service order) is too uneased and unreasonable.
2. Determination
A. Determination on the assertion of mistake of facts and misapprehension of legal principles (1) The Defendant, on June 9, 2012, driven a B cargo vehicle while under the influence of alcohol level of 0.160% around 14:09, while driving at the influence of alcohol level of 0.160% on June 9, 2012, led the Defendant to drive the B cargo vehicle in the direction of the Gaon-gun, Chungcheongnam-gu, Chungcheongnam-do.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to thoroughly control the front-time and properly manipulate the brakes and steering gear so as to prevent accidents.
Nevertheless, the defendant is not negligent in driving under normal conditions due to influence of drinking.