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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
Defendant
B and.
Reasons
1. Summary of grounds for appeal;
A. The defendant A’s improper sentencing (the court below’s punishment: 8 months)
B. Defendant B (1) misunderstanding of the facts and misapprehension of the legal doctrine, Defendant B did not have any negligence with respect to the instant accident and did not have a relation to A’s negligence as a joint principal offender.
2) Improper sentencing (the sentence of the lower court: a fine of KRW 5 million)
C. Illegal sentencing of each prosecutor
2. Determination
A. As to Defendant B’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, the “crime” in Article 30 of the Criminal Act is an intentional crime, and a criminal negligence is false. As such, if two or more persons have committed a crime by construction under mutual contact with each other and caused the result of the crime, a joint principal offender is established.
2) The above Defendant asserted to the same effect as the grounds for appeal on this part in the lower judgment, and the lower court rejected the above assertion in detail, stating the circumstances in its reasoning.
There was an implied doctor’s contact on the operation of G while under the influence of alcohol between the Defendants and the various circumstances presented by the lower court acknowledged by the evidence duly admitted and examined by the lower court.
On the other hand, the above judgment of the court below is justified, and the evidence submitted by the above defendant in the trial does not interfere with the above recognition, in full view of the fact that the negligence as stated in the judgment of the defendants act in combination with each other, causing the accident of this case, and all the defendants should be liable for the crime as a joint principal offender.
Defendant
B’s misapprehension of the above facts and misapprehension of the legal principles are without merit.
B. As to the unfair sentencing argument of Defendant A and the prosecutor, the driving of Defendant A’s drinking alcohol became the main cause of the instant accident, and there was a very serious result, such as the death of the victim.
The defendant is punished as a crime of violating the Road Traffic Act.