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(영문) 부산지방법원 2017.04.13 2016노3885
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of prosecutor's appeal grounds;

A. The court below acquitted the Defendant of this part of the facts charged, although the Defendant misunderstanding of the fact, while driving a vehicle under the influence of alcohol where normal driving is difficult, thereby causing bodily injury to the victim of nuclear escape that requires two-day medical treatment, the court below acquitted the Defendant of this part of the charges. In so doing, the court below erred by misapprehending the legal principles.

B. The lower court’s sentence (one year of imprisonment with prison labor for six months, one year of suspended execution, 40 hours of compliance driving, and 120 hours of community service order) against an unfair defendant in sentencing is too uneasible and unfair.

2. Determination

A. On January 5, 2016, the Defendant: (a) was a driver of Cchip car; (b) driven the said car while under the influence of alcohol level of 0.130% among blood transfusion at around 23:30 on January 5, 2016; and (c) entered the road of five-lane in front of Busan Southern-do Intersection through the intersection via the intersection via the intersection via the intersection via the intersection via the intersection via the intersection via the intersection via the Gyeongsung University.

At the time, the E-Korean cruise car operated by the victim D was waiting for a U-turn.

The Defendant, under the influence of alcohol, was negligent in not operating the steering gear and brakes properly, and caused the Defendant to suffer bodily injury to the Defendant, by shocking the shooting part after the left side of the pertinent cruise car after shooting the shooting part of the said cruise car, which requires approximately two weeks of treatment.

2) The lower court determined that it is difficult to believe the victim’s statement as it is, in light of the following: (a) the victim’s statement that corresponds to the facts charged in the instant case was plucked and plucked by hand to avoid an accident; (b) the statement that he was injured during that process is inconsistent; and (c) it is contrary to the results of the reproduction of the instant black box image images; and (d) there was no particular injury on the vehicle, and (e) the victim was receiving treatment with the upper part of the shoulder.

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