(영문) 부산지방법원 2017.05.25 2016노4844 | 리걸엔진

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Reasons

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자간(%)

(영문) 부산지방법원 2017.05.25 2016노4844

도로교통법위반(음주운전)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not have driven a vehicle while under the influence of alcohol at the time, the lower court found the Defendant guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The lower court’s sentence (2.00,000 won 5,000 won) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the Defendant is a person driving a B SP car.

On April 19, 2015, the Defendant driven approximately 30 cm in front of the DNA telecom in Busan Shipping Daegu, while under the influence of alcohol level of 0.098% among blood transfusions on April 19, 2015.

2) In light of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court, the lower court is sufficiently acceptable, and there is no error in the misapprehension of facts as alleged by the Defendant.

E (H) The police stated at the police that “The borrower was unable to move the vehicle due to the vehicle’s entrance of the telecom operated by him at the time, and the borrower was unable to contact with the borrower,” and later, during the process of continuing to be observed, the Defendant saw that the Defendant was seated at the driver’s seat while driving the vehicle, and reported again to the police that he would face with the wheels to prevent the entry of the vehicle (Article 14th page of the evidence record).” The lower court stated at the police that “The Defendant left the vehicle from the vehicle to the seat of the vehicle, and brought the vehicle to the seat of the vehicle, and reported again to the police (Article 52, page 53, page 58 of the trial record).” The lower court stated that “The Defendant driven the vehicle on the vehicle from the vehicle to the seat installed to prevent the entry of the vehicle.” However, the lower court consistently and consistently made a statement from the investigative agency to the lower court.

F. The police officers called at the time are called F.

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