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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted in the gist of the grounds for appeal, the Defendant may recognize the fact that he did not feel pain at the time of the measurement of alcohol, and that he did not intentionally respond to the request for a measurement of drinking alcohol by a police officer’s pulmonary examination even though he
Therefore, the court below which acquitted the defendant as to the violation of the Road Traffic Act (refluence refusal) stated "legal scenarios and unreasonable sentencing" in the title of appeal No. 1 of the grounds of appeal submitted by the prosecutor, but without any allegations related thereto, stated only the misconception of facts as to the acquitted portion in the court below without any grounds of appeal, and stated "the innocent portion (refluence portion)" as to the scope of appeal. Thus, the statement in the above general title is deemed to be a clerical error of "the misfluence".
There is an error in law.
2. Of the facts charged against the Defendant, the lower court found the Defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the resulting death or injury caused by dangerous driving), and sentenced the Defendant not guilty of the violation of the Road Traffic Act (the refusal to take a negative measurement) while sentencing a fine of KRW 5 million. The Defendant appealed against the acquitted portion, but the Defendant voluntarily withdrawn an appeal on April 9, 2014 at the second day open on April 2, 2014. As such, the convicted portion of the lower judgment that sentenced the above violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the resulting death or injury caused by dangerous driving) becomes final and conclusive as the withdrawal of the Defendant’s appeal on April 9, 2014, the scope of the
3. Determination
A. On January 5, 2013, the summary of the facts charged is about 20:40, the Defendant driving a DSM5 car while under the influence of alcohol, and then driving the national highway No. 38 above in Echeon-si, Hocheon-si, Hocheon-si, the national highway No. 38 above is about 60 km between the two-lanes of the two-lanes of the two-lanes of the national highway from the Anng-si, Howon-si to the front bank.