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(영문) 수원지방법원 2015.06.19 2014노4855
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In the case of emulation of facts, the Defendant: (a) was a proxy engineer to drink alcohol at the net border of the Dnonode Party located in Dnode in C; and (b) while driving the Defendant’s vehicle, E, a representative engineer, driven the Defendant’s vehicle, thereby resulting in trial costs on the Defendant’s substitute driving fee; (c) placed the Defendant’s vehicle at a control point located adjacent to the signal, etc. adjacent to the intersection adjacent to the intersection of the southyang-dong East East East-dong, where approximately 300 meters away from the above net border site.

Therefore, the Defendant did not drive the instant vehicle.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances, comprehensively taking account of the evidence duly adopted and examined by the court below and the court below's judgment on the assertion of mistake of facts, the defendant may sufficiently recognize the facts that the defendant had driven alcohol as stated in the judgment of the court below, and thus, the above assertion of mistake of facts is rejected.

1. E, the witness of the instant case, tried to start with the Defendant’s driver’s seat from the investigative agency to the court of the trial at the court of the first instance. The Defendant respondeded to the amount of 30,000 won, saying, “I would like to commit fraud if I would like to go back to the 15,00 won.”

그 후 피고인차량에서 10여 미터 떨어진 곳으로 가 대리운전 상황실에 전화하여 취소를 요청한 다음 다시 피고인차량이 있는 쪽 인도로 걸어가는데, 피고인이 갑자기 뒤에서 발로 왼쪽 허벅지를 1회 걷어찼고, 이에 뒤돌아보는 순간 얼굴을 2회 때렸다.

Therefore, the report was filed in 112, and even after that, the defendant continued to walk with a view to drinking, and reported again to 112.

After making the second report, the defendant shall make his own vehicle.

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