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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2017.06.22 2017노450
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

A witness G of the court below which mistakens the gist of the reasons for appeal is merely that the vehicle of the defendant is moving in, not that of the defendant, but that of the defendant's vehicle parked in the black image, it does not appear that the vehicle of the defendant who was parked in the black image is opened only on the face of the seat and is actually driving.

As long as there is no evidence to prove that the defendant was driving, the defendant refused to measure drinking.

Even if the defendant is not punished as a crime of violating the Traffic Act on Roads.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

The sentencing of the court below's improper sentencing (amounting to 6 million won) is too unreasonable.

On the grounds of appeal, the lower court acknowledged the following facts based on the evidence duly adopted and examined by the lower court as follows. In other words, the Defendant was a substitute engineer at around 2:5 May 14, 2016 under the influence of alcohol, and there was a dispute between the substitute engineer G driving the Defendant’s automobile while driving the Defendant’s automobile. G parked in the parking line of the parking zone located in the Dobongsan Station Station, and then transferred the key to the Defendant. G waiting for the substitute driver on the road, waiting for the instant parking lot to travel along with the driver on the road, and the vehicle was parked in the crosswalk near the entrance of the parking lot located in the direction of about 10 meters away from the entrance of the front line, and the vehicle was parked in the direction of the Defendant and the surrounding parking lot without the Defendant’s entrance to the parking lot.

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