경범죄처벌법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Fact-misunderstanding and legal principles are the only fact that the Defendant, while drinking alcohol at the time of the instant case and driving in the patrol zone, gave rise to a few times. The Defendant’s act does not constitute “a riotous or disorderly act by uttering or doing rough words or conducts” as prescribed by Article 3(3)1 of the Punishment of Minor Offenses Act, but the lower court convicted the Defendant of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.
B. The sentence of the lower court (an amount of KRW 600,000) that is unfair in sentencing is too unreasonable.
2. Before making a judgment on the grounds for ex officio appeal, the prosecutor applied for changes in the indictment to the effect that “as approximately 11 minutes” of the facts charged in the instant case was deleted at the trial of the party, and since this court permitted this, the judgment of the court below cannot be maintained as it was.
However, the defendant's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court, despite the above reasons for reversal of authority.
3. According to the evidence duly admitted and examined by the court below and the court below on the assertion of misunderstanding of facts and legal principles, the defendant was required to see the patrol car on the day of the instant case by entering the instant D District where police officers E, etc. worked in the state of drinking on the day of the instant case, and there was no money to drink the patrol car, and to leave the patrol car on the d District where the police officers E, etc. worked in the state of drinking on the day of the instant case, and to leave the patrol car at the seat of the d District, and as such, the above E demanded the patrol car to be unfolded, and the above E was not in the position of the report processing and patrol, and it was sufficient to see the ship's children.
“The fact that the police announced to the effect,” but the Defendant, as a matter of course, ought to be called “the police by burning a taxi.”