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(영문) 인천지방법원 2014.06.18 2014노737
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) of the Defendant’s blood alcohol content, recognized by the lower court, is not correct because it was measured without having to be able to suffer alcohol while 20 minutes have not passed after drinking alcohol.

2. In the judgment of the court below, the defendant argued the same as the above, and the court below rejected the above argument in detail with the statement of the defendant's argument and its judgment under the title "as to the defendant's and his defense counsel's assertion". When comparing the above judgment of the court below with the records, the judgment of the court below is just and it cannot be said that there is a mistake of fact affecting the judgment.

Therefore, the defendant's assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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