(영문) 제주지방법원 2016.02.18 2015노440



The prosecutor's appeal is dismissed.


1. The defendant's assertion that he was not driving a motor vehicle on the ground that he was able to know while he was diving without turning on the speed within the main point of the grounds of appeal is difficult to understand. Rather, in full view of the evidence submitted by the prosecutor, the defendant can sufficiently recognize the fact that he was driving a motor vehicle while under the influence of alcohol.

However, the court below found the defendant not guilty on the grounds as stated in its reasoning, which is erroneous in the misapprehension of facts.

2. The facts charged and the judgment of the court below

A. The summary of the facts charged in the instant case is as follows: (a) around 22:03 on April 10, 2014, the Defendant: (b) had a gallon with Dgallon that the Defendant gets on his seat in front of Seopopopoon at C, with a driver’s seat stopped on the rear side.

E Driving under the influence of alcohol, such as drinking, smelling at the Defendant’s entrance at the Defendant’s seat, snicking, snicking, etc., from the slope H affiliated with the Seopopo Police Station G police box called up after receiving a report of 112 of E that he driven FM3 car.

There are reasonable grounds to determine a person, which was demanded from 22:26 to 22:36 to respond to the measurement of alcohol by inserting the breathm in the first, 22:48 to 22:48, and 22:49 on three occasions.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 않았다.

B. As to the judgment of the court below, the court below asserted in this case that the defendant was deprived of the vehicle due to the reason that he could not know while he was diving without turning on the starting of the vehicle. Although the defendant's statement in the investigation process is not consistent and it is difficult to obtain the defendant's statement, even if examining all the evidence submitted by the prosecutor, the defendant intentionally driven the vehicle by walking on the starting of the vehicle at the time.

any other person shall not be deemed to be a party.