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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) With respect to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the fact that the defendant drives a vehicle while drinking alcohol at the time is recognized, but there is no fact that the central line caused the accident by negligence.
(2) At the time, the Defendant faithfully responded to the measurement of drinking alcohol, but did not properly measure because of the fact that the instant accident occurred, and thus does not constitute a refusal of the measurement of drinking alcohol.
B. The lower court’s sentence (7 million won of fine) on the grounds of unreasonable sentencing is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. As to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the following circumstances acknowledged by the court below duly adopted and investigated by the court below, i.e., ① the victim has consistently stated from the investigative agency to the court of the court below to the effect that “the vehicle was in front of the center line at that time,” ② the witness witness of the accident reported to the effect that “the vehicle was in front of the center line due to the vehicle accident at that time” in 112, “the vehicle was in front of the center line,” and ③ the police officer called to the scene at that time was in accord with the victim’s above statement (No. 27 pages of the trial record), ③ the police officer’s statement that “the vehicle of the defendant was in front of the center line at that time,” and the defendant also stated to the effect that “the vehicle of the defendant was in front of the center line at that time,” and ④ the defendant also acknowledged this part of the charges in the court of the court of the court below, and thus, the defendant’s allegation of mistake in this part of facts is without merit.
B. We examine the refusal of drinking alcohol measurement, based on the evidence duly adopted and examined by the court below.