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(영문) 창원지방법원 2012.11.01 2012노1584

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant guilty of the facts charged in this case even though the defendant, not the defendant, drives the freight vehicle in this case, not the summary of the grounds for appeal. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) even if following the defendant's argument, the distance at the time when the defendant operated the substitute driver's vehicle does not exceed 700 meters; (ii) the defendant's cargo vehicle seems to be too short to drive the substitute driver's vehicle; (iii) the driver's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's accident's situation at the accident site is difficult; and (iv) the defendant's substitute driver's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's name without the victim's statement.