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(영문) 광주지방법원 2015.07.22 2014노3131
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, erred in the misapprehension of facts, and the judgment of the court below which judged that the Defendant was driving under the influence of alcohol, even though he did not have a driving under the influence of alcohol after drinking the lusium that the lusium confirmed that the Defendant was driving under the influence of alcohol.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts: ① the defendant caused a traffic accident while driving a motor vehicle around 17:0 on June 29, 2014; ② his signature on the circumstantial report at around 18:50 on the same day: 0.10% of the measurement result; 20 minutes after drinking; 30 minutes after drinking; 4 hours after drinking : 10 minutes: 4 hours after drinking : 6 hours after drinking : 4 hours after drinking : 6 hours after drinking : 1: 4 hours after drinking : 6 hours after drinking : 20 minutes; 4 times after drinking : 1: 10% of the evidence before drinking ; 20 days after drinking : 3 times after drinking : 4 times after drinking : 1: 4 times after drinking ; 3.5 times after drinking ; 4 times after drinking ; 4 times after drinking ; 1.5 times after drinking ; 19:5 times after drinking ;

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