도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
Of the facts charged in this case, November 6, 2014.
1. Summary of grounds for appeal;
A. As to the point of violation of the Road Traffic Act (driving) among the first judgment of the lower court, Defendant 1 did not have driven the instant vehicle by the person “W” and the Defendant did not have driven.
(B) As to the obstruction of performance of official duties and damage to public goods in the second judgment of the second instance, the Defendant did not commit any crime as stated in the judgment, and as to the violation of the Road Traffic Act (driving) in light of the final drinking time and driving time, the Defendant at the time of driving is likely to have a high blood alcohol concentration, and it is difficult to readily conclude that the blood alcohol concentration was above 0.05%, which is the punishment standard (hereinafter “second fact-finding assertion”).
(2) As to the violation of the Road Traffic Act (U.S.) in the first judgment of the first instance court, the driver’s license was revoked on the ground that the Defendant was not guilty of the Defendant’s violation of the Road Traffic Act (U.S.) and the revocation of the driver’s license was revoked on the ground that the Defendant’s refusal to take a drinking level, and thus, the Defendant cannot be deemed to have engaged in a driving without a license at the time (hereinafter “the first legal scenario assertion”).
B) Of the judgment of the second court, obstruction of the performance of official duties and damage to public goods, and the Defendant at the time arrested the Defendant without notifying the police officers of their right to refuse to make statements, and thus, the Defendant’s act constitutes self-defense under Article 21 of the Criminal Act.
(2) Of the judgment of the court of first instance on the grounds that each sentence (the first instance court: imprisonment with prison labor for 7 months, the suspension of execution for 2 years, probation, community service, 120 hours, and the second instance court: imprisonment with prison labor for 8 months) of the judgment of the court of second instance (hereinafter “the second instance judgment on the grounds of unfair sentencing”).