도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant misunderstanding the fact, before driving of the instant case, drank 1 sick while driving dynasium, and dynasium 2 sick after dynasium dynasium dynasium dynasium dynasium.
Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by mistake of facts.
B. The punishment sentenced by the lower court (the imprisonment of eight months, the suspension of the execution of two years, the community service order 120 hours, the order to attend a compliance driving lecture 40 hours) is too unreasonable.
2. Determination
A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court, it is recognized that the Defendant was under the influence of alcohol while under the influence of alcohol 0.184% as stated in the instant facts charged, based on the following circumstances:
Therefore, this part of the defendant's argument is without merit.
① The Defendant parked in the apartment parking lot on the day of the instant case without taking any action against the collision of parked vehicles and left the parking site, and upon the report of witness G of the lower court, the police officer was dispatched to the Defendant’s office and was subject to investigation.
② Police Officers E and F, who called to the Defendant’s house, testified in the court of original instance that “The Defendant did not discover a trace of drinking at the Defendant’s house, and attempted to photograph the Defendant’s house to confirm whether the Defendant had drinking at home, but the Defendant could not take photographs,” and there does not appear to be any circumstance to suspect the credibility of the statement.
In addition, the inside photographs of the defendant taken by the police officers does not seem to see the defendant's drinking.
③ At the time, the procedure for measuring the alcohol level against the Defendant was lawful, and there is no error in the measuring machine measuring the alcohol level among the Defendant’s blood.
(4) The defendant is against this.