도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant: (a) parked a vehicle on the site of the instant case; (b) was aware that he would drink alcohol and returned from the driver’s seat of the parked vehicle; and (c) would have driven a vehicle, and would not have driven the vehicle.
The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.
2. In full view of the evidence duly admitted and examined by the lower court, the following circumstances and circumstances are recognized.
즉, 당시 목격자인 C이 수사기관 및 원심 법정에서 한 진술은 사고 경위 및 사고 후 정황 등 주요 부분(자신이 운영하는 포장마차 밖에서 ‘쾅’하고 충돌하는 소리를 듣자마자 밖으로 나와 보니 피고인이 운전석에 앉은 채 차량은 정지한 상태였다)에 있어서 구체적이고 일관성이 있다.
According to the video (Evidence Nos. 7) of the site photograph taken immediately after the case, the road is flicked around the site boundary seat of the road, and the boundary seat is moving close to the wall surface of the packing rhythm. The issue of whether the Defendant’s vehicle conflicts with the wall surface of the packing rhyth as claimed by the Defendant is recognized as facing the above boundary seat at least, even if it is unclear.
In full view of C’s statements and the remaining evidence, it can be sufficiently recognized that the Defendant had driven alcohol at the time and place of the instant case.
The judgment below which found the defendant guilty of the facts charged of this case is just, and there is no error of mistake of facts.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.