(영문) 광주지방법원 2018.10.10 2018노2300 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.10.10 2018노2300

도로교통법위반(사고후미조치)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. In relation to the fact-misunderstanding of the violation of the Road Traffic Act (driving), the Defendant was able to take measures to ensure smooth traffic by preventing and removing any danger and obstacle to traffic at the time of the instant accident, since the Defendant was able to return home and drink alcohol after driving, not driving under the influence of alcohol level in the blood alcohol level as stated in the judgment below. As such, it was necessary to take measures to ensure smooth traffic by preventing and removing any danger and obstacle to traffic at the time of the instant accident.

Although it is difficult to see the difficulty, the court below found all of the charges guilty, and the court below erred by misunderstanding the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. Fact-finding assertion 1) The court below found the following circumstances that were duly adopted and investigated by the court below as a whole: (i) the defendant shocked a vehicle parked while driving on March 18, 2018; (ii) around 15:15 on the same day, the alcohol level was measured at 0.102%; and (iii) the blood level was calculated at 0.123% according to the aforementioned dmark formula; (iv) the defendant made a statement by an investigative agency to recognize the fact of driving under the influence of alcohol from the court to the court below; and (v) the defendant made a statement by the investigative agency to recognize the fact of driving under the influence of alcohol; and (v) the defendant made it difficult to believe it for the first time because it was difficult to believe that the defendant was driving under the influence of alcohol, as stated in the judgment of the court below, the defendant's assertion that he was under the influence of alcohol.

2) The summary of the facts charged in this part of the charges is as follows: (a) the Defendant driving a Poter freight vehicle owned by C himself/herself on March 18, 2018 and takes part in the temporary protection center for infants in 26 as the support of Gwangju Dong-gu.

유사 판례

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