도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Regarding the misconception of facts on March 28, 2013, the Defendant committed a drunk driving on March 28, 2013, taking full account of the following: (a) the Defendant was found to have been seated in the driver’s seat of an accident vehicle with starting operation and headlights; (b) the Defendant did not vindicate the first police officer that “it was caused by an accident at the seat of the seat”; and (c) the Defendant did not make a vindication that “on the seat of the seat of the seat”; and (d) the Defendant’s blood alcohol level was 0.168%.
Therefore, the court below which found the defendant not guilty on the basis of the statements of E and F, which are the relatives of the defendant and the defendant without credibility, has an error of mistake of facts.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended sentence, probation, and 40 hours of compliance driving order) is too uneasible and unreasonable.
2. Determination
A. Ex officio determination