(영문) 서울동부지방법원 2017.01.26 2016노1007

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(영문) 서울동부지방법원 2017.01.26 2016노1007

도로교통법위반(음주운전)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The judgment of the court below which acquitted the defendant on the ground that the defendant was sufficiently aware that the defendant had driven the error on the date, time, and place indicated in the facts charged, based on the evidence submitted by the prosecutor, was erroneous and adversely affected the conclusion of the judgment.

2. The facts charged in this case and the judgment of the court below

A. On December 17, 2015, the Defendant driven C Haba while under the influence of alcohol content of about 0.096% from the roads in front of 27-ro 32 (Chodong-dong-ro), Songpa-gu Seoul, Songpa-gu, Seoul, to the roads in front of 27-ro 32 (Chodong-dong-ro 231 (Chodong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro) of the same 150m alcohol content among blood transfusions.

B. As to the judgment of the court below, the court below held that the defendant did not have any key, and the defendant did not drive the otoba, only when he had contacted with the vehicle under the stop by pushing the oba while keeping the obba, and

As argued, D’s statements and text messages sent by D to police officers, which correspond to the facts charged in the instant case, are difficult to believe as they are in light of D’s prosecutor’s and the witness E’s statements consistent with D’s statements and the Defendant’s arguments. The remainder of the evidence submitted by the prosecutor alone, which rejected the Defendant’s assertion and it is insufficient to recognize that the Defendant driven the above Obane at the time. Thus, the Defendant was acquitted.

3. The key issue of this case is the date and time and place indicated in the facts charged in this case, whether the Defendant was driving Haba in the state where Haba was faced with Haba. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, it can be sufficiently recognized that the Defendant driven Haba at the time of this case.

① At the time of the instant case, D, which reported the Defendant to the police, has contacted the Defendant by driving alcohol.

유사 판례

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