도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal is that the testimony of the witness I of the court below and the defendant also stated that the vehicle of this case (Cone Starex Corresponding about 30 cm) was passed by the court below. In light of the fact that the defendant could fully recognize the facts of driving a vehicle under the influence of alcohol at the time of this case, the court below acquitted the defendant of the facts charged in this case, which affected the conclusion of the judgment
2. Determination
A. The judgment of the court below is consistent with the following circumstances revealed by the evidence adopted by the court below, i.e., the defendant's statement from the investigative agency to the court of the court below that "the vehicle of this case was cut down in the future and there was no intention to drive the vehicle of this case", and the witness G and H also stated that the defendant was able to refer to the above at the accident scene, and the witness D of the court below stated that "the witness D of the court below stated that "the defendant was able to drive the vehicle after drinking alcohol with the defendant, and she was fel in the vicinity," and that the witness G of the court below stated that the degree of shock of the vehicle of this case was insufficient at the time of the court below, and that the defendant was unable to recognize that the defendant intentionally driven the vehicle of this case." The witness G of the court below also stated that the above statement of this case was credibility in the defendant's statement and the evidence submitted by the prosecutor alone.
B. First of all, since the defendant is the person in charge of the operation of the vehicle of this case, the health stand as to whether the vehicle of this case was parked in front of his driving, or whether the defendant intentionally drives the vehicle of this case, and the following circumstances, i.e., the evidence duly adopted and examined by the court below, and the inspection protocol, acknowledged by the court below, are acknowledged at the location of the accident of this case.