도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The gist of the grounds of appeal is that the Defendant was a state of drinking together with J and H husband and wife immediately before the crackdown on drunk driving of the instant case, and thus, the Defendant asked E to drive by proxy. The Defendant was on board the C Rabs Roon owned by the Defendant (hereinafter “instant passenger”) with J and H, and moved to the home of the Defendant nearby the Changwon Prison.
E showed that traffic police officers were under the influence of alcohol driving, and at the time E was also under the influence of alcohol driving, E parked the instant bus on the side of 50-100 meters prior to the control point to avoid the crackdown on drinking driving, and all passengers, including E and Defendant, left the instant bus after approximately 2-3 minutes after E, J and H returned to the instant taxi.
The defendant reported that E et al. left a taxi and reported the side to the next side of the instant passenger vehicle, and the police officers controlled him/her on suspicion of drunk driving.
Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. The judgment of the court below comprehensively based on the evidence duly adopted and examined, i.e., ① the guard traffic at the Changnam-dong Police Station in the Changwon-si, Changwon-si, Changwon-si, which was under the control of drinking driving and the slope D belonging to the police station from the police station to the court of the court below, as to the control of drinking driving of this case from around 30 meters before the point of the influence of drinking driving of this case, the passenger car of this case, which was under the jurisdiction of the Changnam-dong Police Station, stops on the side of the Changwon-dong prison after the Changwon-si, Changwon-si, Mawon-si, which was under the control of drinking driving of this case, at around 12:10 on August 12, 2013, see that the passenger car of this case, which was under the jurisdiction of the court of the court below, stops on the side of the Changwon-si, which was under the jurisdiction of the original prison.