beta
(영문) 수원지방법원 2015.08.19 2015노1349

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The statement of D by the defendant of mistake of facts at the time of the instant case is not reliable.

Although the defendant was asked from taxi engineers to get off his own vehicle which was parked near the taxi platform, he was driving the vehicle on the driver's seat of the vehicle. However, the defendant did not only drive the vehicle without driving the vehicle any longer by reporting the vehicle on the mobile phone by the taxi driver.

B. The court below’s sentence of unreasonable sentencing (the fine of 2.5 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., witness D, immediately after the occurrence of the instant case, prepared a statement stating that “the Defendant was under the influence of alcohol to install a vehicle on the taxi platform, and was able to take time off at the police. The Defendant was trying to drive at a level of 7 to 8 meters on the upper side of the taxi platform.” ii) The Defendant appeared in the court of the court of the court below to be present at the court of the court of the court below, and was waiting for a taxi by setting up a taxi and waiting for a passenger on the front side of the taxi stop, but the Defendant was parked on the front side of the taxi stop for about 3 to 4 level of private use. Then, the Defendant was able to make a statement to the effect that he was unable to make a report, and she was able to make a statement to the effect that he would not have been able to take off the vehicle.”