도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant, at the time of the instant case, had a substitute engineer drive the Defendant’s vehicle, and fastened at the rear seat of the vehicle. The Defendant was shouldered, and the Defendant’s vehicle was faced with the string, and the substitute engineer was seated on the seat of the locked vehicle because it did not run away, and there was no fact that the substitute driver was seated on the driver’s seat of the locked vehicle, as in the instant facts charged, or carried a drinking driving by putting a back of the back weather.
B. The evidence proving the facts charged in the instant case by misapprehending the legal principles (the part that the Defendant saw the vehicle at the time and operated the vehicle by putting the vehicle in the back), is due to the confession of the Defendant. Therefore, the finding of the Defendant guilty on this ground goes against the rules of confession reinforcement under Article 310 of the Criminal Procedure
2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the trial court as to the assertion of mistake of facts, the Defendant may fully recognize the fact that he/she drives a vehicle while under the influence of alcohol as stated in the instant facts charged.
D The police officer, who was dispatched to the scene of the instant traffic accident, consistently made the following statements since the investigation process to the trial of the court below.
1) While conducting 112 patrols at a place less than 200 meters away from the accident site at the time of the accident, a passenger on the name-free vehicle driver on the opposite side of the vehicle was called to the site of this case, “I would like to drive the vehicle while driving the vehicle in front of the accident at the same time. A drinking accident occurred. The same shall apply to the accident.” At the time, the Defendant was under the influence of alcohol, and the Defendant was on the side of the window open side of the driver’s seat, and asked the Defendant whether to drive the vehicle, and asked the Defendant whether or not he will drive the vehicle, and the Defendant required to show the Defendant’s cell phone “I would have the driver’s cell phone number on the cellphone, and I would like to see only once.”