logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.09.13 2018노3240
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case by mistake of facts, the Defendant was only led to Oralba, and the Defendant did not drive the instant Oralba.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 6 million) is too unreasonable.

2. Determination:

A. The lower court’s reasoning based on the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts is as follows: (a) the Defendant measured drinking by driving alcohol, etc. of the instant case on September 8, 2017; (b) the Defendant appears not to have driven the instant Otoba, but to have driven the instant Otoba; and (c) the Defendant towed the said Oba at the time of the instant case.

G does not have any fact at the time of towing the above Obaba in the court of the court below, and it was confirmed when the defendant found Obababa and it did not walk the above Obababa, and there was no oil, and there was no oil, and if it was generally used Obababa, the defendant driving the instant Obaba, when he stated that the oil is sandbba.

The decision of the court below that determined the person shall be justified, and there is no error of mistake as alleged by the defendant.

B. Although there was no fact that the Defendant was punished by a fine exceeding a fine in the Republic of Korea, the Defendant committed the instant crime since five months have not passed since the Defendant received a summary order of KRW 3 million on April 18, 2017 due to driving without a driver’s license of a motor vehicle while under the influence of alcohol, and the Defendant was driving the instant crime under the influence of 0.207% of alcohol concentration during blood. At the time of the instant case, there is a very high risk that the Defendant was driving, the Defendant attempted to avoid his responsibility and did not reflect his fault, and the Defendant’s age and age.

arrow