logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.01.25 2016노4565
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is difficult to believe that the defendant's vindications of the grounds for appeal are inconsistent, and according to the evidence submitted by the prosecutor, the fact that the defendant drives a vehicle while drunk

2. On the grounds stated in its reasoning, the lower court determined that the Defendant driven a vehicle after drinking alcohol only by the evidence submitted by the prosecutor.

It is difficult to recognize the defendant as not guilty.

A thorough examination of the reasoning of the lower judgment’s acquittal and the evidence of this case reveals that the Defendant driven the vehicle with a alcohol concentration of 0.065% in the blood for the following reasons.

there is insufficient evidence to determine a person, and there is no other evidence to prove otherwise.

Therefore, the judgment of the court below is just, and the prosecutor's assertion is without merit.

(1) After parking a motor vehicle, the defendant vindicates himself/herself that he/she drinks in the motor vehicle.

② Upon receipt of a report of “the Defendant’s driving of alcohol”, a police officer called out to the police station, measured alcohol level by the Defendant who was not driving outside the vehicle, and as a result, measured alcohol level by 0.065%.

③ At the court of the court below, the witness E showed only the front side of the defendant's unloading from the vehicle as well as the front side of the defendant's driving of the vehicle.

The defendant did not regard whether the wheels of the vehicle had been cut from the vehicle before getting off the vehicle, and the vehicle was shaking.

It is not known at any time that the Defendant's vehicle arrived at the same time, and it is not known whether the Defendant's surface at which the Defendant was the Defendant's off parking was followed by the Defendant's off parking, and whether the Defendant's off parking was made at the originally parked vehicle.

The witness showed that the defendant is getting on his own vehicle and get off the vehicle, and returned to the extent of five minutes, and the defendant and the defendant are snicked in the course of dispute over the problem of garbage treatment, and the defendant is drunkly driving.

arrow