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(영문) 서울중앙지방법원 2017.12.14 2017노2940
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

When considering the following circumstances as to the summary of the grounds for appeal (misunderstanding of facts), the defendant has not driven the same as the facts charged.

At present, the substitute driver who is not identified in the identity of the present has driven the motor vehicle of the defendant from the Gyeongcheon to stop on the front of the "F" located in the Chuncheon City located in the facts charged, and has arbitrarily left 20,000 won in the defendant's cell phone and cell phone case, and the defendant who was on the back seat was over the driver's seat and locked.

The evidence submitted by the prosecutor is without direct evidence of the defendant's driving.

The driver type of photograph taken on CCTV on the road among driving routes was not found to be the same as the defendant.

The driver of the above CCTV taken is string a body body with large width and safety level, and the mother is flag and is flag, while the defendant actually 169 cm by height and 65 km by body weight, and the defendant did not flag at the time of control, and at the time of control, the image taken by the defendant was not flag, and there was no mother in the upper part.

When compared to the land, the driver of CCTV taken is not the defendant.

At the time of control, the vehicles were carried in the Seoul direction, and they were parked in the front direction, adjacent to the right side of the UScheon, making the head of the headlights turn on turned on, and the city was parked in the front, and the defendant was faced with the safety level in a state where it was not fastened.

On the contrary, if the defendant was driven, the vehicle operation in the direction of Seoul and the defendant was located in front of the signal lights while driving.

The defendant was on board a vehicle while drinking alcohol at a restaurant located in Yancheon-do and carrying only a mobile phone, and the defendant's bags were on the original lighting. Therefore, the circumstances that the bank was on the chief lighting at the time of control do not seem to be the circumstance that the defendant was driving.

The defendant is from the point of control to the Chuncheon.

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