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(영문) 부산고등법원 (창원) 2013.11.08 2013노99

도로교통법위반(음주운전)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of mistake of facts, Defendant 1 found Defendant 1 guilty of the charges of violation of the Road Traffic Act (driving) even though he had not driven a brea while under the influence of alcohol, the first instance court erred by misapprehending the fact, even though he had not driven a balon under the influence of alcohol, which was sentenced by the first instance court of unfair sentencing (two years of suspended sentence for imprisonment with prison labor) is too unreasonable.

(b)the sentence sentenced by the first instance court is too unhued and unreasonable;

2. Determination

A. As indicated in the facts charged in the instant case concerning the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court as to whether the Defendant was driving the Oral Sea of this case, i.e., the actual yellow survey prepared immediately after the accident: (1) stated that there was no vehicle causing factors such as the Oral Sea of this case, i.e., i., e., i., e., e., e., e., o., o., o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o.

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