(영문) 부산지방법원 2015.12.11 2015노2641 | 리걸엔진

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(영문) 부산지방법원 2015.12.11 2015노2641

도로교통법위반(음주운전)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor, the main body of the grounds for appeal can be seen as driving a vehicle directly prior to the new bank by requesting the driver of the vehicle to drive the vehicle on behalf of the defendant while under the influence of alcohol, and then driving the vehicle on the front of the new bank.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in misconception of facts or misapprehension of legal principles.

2. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, the prosecutor tried to examine the part of the facts charged in this case, and the part of the judgment below that changed the drinking driving from "a section of about 5 km up to the front river of the apartment house in Busan, Busan, Daegu, Daegu, the Busan, on the front side of the new bank, which is located in the Busan, the Busan, Busan, the Busan, to "a section of about 8 km up to the front river of the sub-dong of the sub-dong of the sub-dong in the sub-dong in the sub-dong in the sub-dong in Busan, the part of the judgment below is no longer maintained." Since this court permitted this and changed its subject to the judgment, the judgment below is no longer maintained.

However, the prosecutor's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to a trial at the court within the scope of the revised facts charged, which is examined in the following items.

3. Determination

A. On July 30, 2014, the Defendant, while under the influence of alcohol at around 23:30% of the blood alcohol level, driven the CM5 vehicle volume from the section of approximately 8 km to the front of the new bank located in the Busan-dong, Busan-dong, Busan-dong, Busan-dong, to the front mouth of the apartment house under this Part of the Busan-dong, Busan-dong, Busan-dong, the Defendant driven the CM5 vehicle volume on the front of the new bank.

B. The probative value of evidence of the prosecutor’s assertion of mistake or misapprehension of the legal principle is a judge.

유사 판례

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-부산지방법원 동부지원 2015.06.01 2014고정1867

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