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(영문) 대전지방법원 2016.10.20 2016노1727
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) was on board a passenger car operated by a proxy driving engineer in front of the disabled Association before the disabled Association; (b) was sent a substitute driving engineer by acting for the driver, such as driving the driver’s chest; and (c) was unable to move from the string to the string to the string to the string, the Defendant was guilty of the facts charged against the Defendant even though she did not drive the car at the time of the instant case; and (d) was erroneous in the misapprehension of facts that affected the conclusion of the judgment.

B. The lower court’s sentence of an unreasonable sentencing (5 million won by fine) against the Defendant is too unreasonable.

2. The court below also asserted that the defendant's assertion of mistake of facts was identical to this part of the grounds for appeal, and the court below found the defendant guilty of the facts charged, based on the evidence as stated in the judgment below. The court below found the following circumstances acknowledged by the evidence duly adopted and investigated. i.e.,, the court below's report of this case 112 telephone in the court below as follows: (i) "E was at the time of a collision with other vehicles due to a shaking distance, etc., the vehicle driven around the vehicle driven by himself; (ii) the above vehicle stopped before the vehicle stopped at C, and confirmed that it was coming from the police after the vehicle stopped at the front; and (iii) the vehicle was parked at the seat or the chief lighting of the above vehicle before the arrival of the police vehicle." (Public trial record 94 pages); (iv) The report of this case corresponds to the above E's statement at the time of arrival in the 112 Report Case Handling sheet (Evidence No. 12).

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