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(영문) 부산지방법원 2014.06.13 2014노359

도로교통법위반(음주운전)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant only sleeps in the driver’s seat of a motor vehicle while under the influence of alcohol; and (b) the Defendant was guilty of the facts charged in this case although he did not drive a motor vehicle, the lower court erred

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below: (i) When police officers G arrives at the site, the defendant was faced with the lower court's back glass window, and was divingd with the lower court's seat; and (ii) at the time, G was "I am under the influence of alcohol" to the defendant; (iii) it seems that the defendant did not deny the driving of the vehicle at the point of the accident; (iv) the F I am under the influence of the vehicle at the time of the accident has no parking space; and (v) the defendant was placed in a narrow sofet; and (v) the defendant was unable to use the vehicle at the time when I am under the influence of the vehicle; and (v) the defendant was unable to use the vehicle at the time when I am under the influence of the vehicle; and (v) the defendant was unable to use the vehicle at the time when I am under the influence of the vehicle after I am under the influence of the latter am under the influence of the vehicle.

Therefore, the defendant's assertion is without merit.

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.