도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The lower court acquitted the Defendant of the facts charged of this case even though the gist of the grounds for appeal is recognized as driving under drinking, which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination:
A. The lower court determined that G testified made a statement at the investigative agency to the effect that “at the time (the Defendant’s driving) a rocketing car was parked (the Defendant’s driving) and the Defendant was present at the seat of the Defendant at the time,” and in the court of the lower court, “at the time, the rocketing car was not attached, and the Defendant was present at the seat of the driver, not at the time, at the seat of the car, but at the time, at the seat of the car. At the time, the Defendant talked that he was not an accident, and the car was parked in front of the restaurant without permission, but the borrower was not deprived of the vehicle.” The Defendant stated to the effect that “The Defendant was aware that the cafeteria was more reliable than the statement at the investigative agency in the cafeteria’s statement at the time, and that there was no evidence to acknowledge this portion of the facts charged.”
B. The following circumstances revealed by the evidence duly adopted and examined by the court below, namely, at around 02:35, G, while driving a taxi at an investigative agency, knew that the accident occurred due to almost little contact between the rocketing car and the franchise car at the scene of the accident. At the time, at the time, the Defendant was set off from the taxi and notified K that the accident occurred, and after having arrived at the scene within five minutes after having arrived at the scene.