도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. F, a police officer regulating the gist of the grounds for appeal, made a statement in the court of original instance that the defendant led to the confession of the fact that the defendant was under influence at the time of crackdown. Although the above statement was admissible, the court below denied the admissibility of evidence on the ground that the defendant's voluntary act of driving at the time was not recognized in a special condition despite its admissibility, and even based on other evidence, the court below acquitted the defendant on the facts charged that the defendant was under influence of alcohol. The court below erred by misapprehending the legal principles,
2. The facts charged and the judgment of the court below
A. On October 17, 2013, under the influence of alcohol by around 06:59, the Defendant driven the Serial cherb, which was 0.113% at the corner of the construction site in Dongjak-gu Seoul Metropolitan Government, while loading the Serial cherb on the D cargo vehicle with approximately 10 meters of the cherbium.
B. The lower court found the Defendant not guilty on the ground that, in light of the following circumstances acknowledged by the record, the charge cannot be proven to the extent that there is no reasonable doubt as to the evidence submitted by the prosecutor, in view of the following circumstances. In so doing, the lower court acquitted the Defendant on the ground that: (a) the Defendant was not guilty on the ground that: (b) there was a change in the fact of drinking; (c) the flag was moving the flag to the cargo, and the flag was fla
1) Of the witness F’s statement in the original trial, the part that the Defendant, at the time of the instant case, said that E, a reporter, driven a drinking alcohol, is not admissible as long as E had been present and testified in the court due to the full statement under Article 316(2) of the Criminal Procedure Act. 2) The witness F’s witness “I driven the Defendant” and the witness “I driven the Defendant.”