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(영문) 대전지방법원 2012.12.12 2012노1595
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event that the defendant's vehicle of mistake of facts drank dices in the vehicle due to the heart of the self-satise who is no longer driven on the side side of the alley, the vehicle of the defendant dices, and was controlled to the police immediately dispatched, and there is no fact that the vehicle was driven in the drinking condition.

B. The fact that the Defendant’s vehicle in a mental and physical disorder has been postponed and has taken at least 15 minutes of accelerators in the same state as the date of fire cannot be deemed as an act in a state of mental and physical disorder or mental disability.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: ① At the court below, D was present as a witness in the court below, and “I am out of the road, the vehicle of the defendant was string off, TV inside container boxes, and the vehicle was string out with string off, so I am out of the road with string off, and am out of the road, so I am out of the Defendant’s windowd. The lower court was snicking. The Defendant was snick. The Defendant was snicking with snow. The Defendant was snicking to the Defendant, but the Defendant was snick and sicked, and returned to the string, and the Defendant continued to arrive at the vehicle site, and the Defendant did not arrive at the vehicle at the time when I am out of 5m or 2nd, and the Defendant did not arrive at the vehicle site,” and the Defendant stated that “I am out of 4m or 4m.”.

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