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(영문) 전주지방법원 2012.10.19 2012노509
도로교통법위반(음주측정거부)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court acquitted the Defendant of the facts charged in the instant case on the ground that there was no evidence to prove that the Defendant had driven a boom vehicle under the influence of alcohol level of 0.05% or more at the time when the police officer demanded a breath measurement. The lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment. 2) In so doing, the lower court’s judgment on the grounds that there was an error of law that affected the conclusion of the judgment.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination

A. On May 11, 201, at around 13:00 on May 11, 201, the defendant was found not guilty of this part of the facts charged on the ground that it is difficult to view that there is a considerable reason to recognize that the defendant was driving of the cargo under the influence of alcohol above 0.05% at the time of a request for a alcohol measurement, on the following grounds: (a) around 13:0, the defendant was driving the D-wit-gu C Apartment-gu 1 Complex 1, 125, and the Korean classical distance with the same virtue vibration; and (b) the court below did not comply with the request for a alcohol measurement for three times from the police officers F, etc. belonging to the Jeonnam-gu Police Station E-gu, Seoul Metropolitan Government E-gu, which was dispatched upon receipt of the report; and (c) taking into account the circumstances as stated in its reasoning, the court below found the defendant guilty of this part of the facts charged on the ground that it is reasonable to examine the reasons for innocence closely, and it is justified by the prosecutor.

Therefore, the prosecutor's argument of mistake is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor shall be punished for unauthorized driving.

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