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(영문) 창원지방법원 2014.05.15 2014노24
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the judgment of the court below, did not have driven a motor vehicle as stated in the judgment of the court below, parked the motor vehicle of the Defendant in the parking lot of the Speaker's counter room located in the Changwon city (hereinafter "the place of this case"), and drink in neighboring trees, but the court below convicted the Defendant of the facts charged of this case. Thus, the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Even if not, in light of the fact that the defendant is in the position of supporting the wife who is a physically handicapped person, and the defendant's economic situation is not good, the punishment imposed by the court below (the fine of four million won) is too unreasonable.

2. Determination

A. The court below consistently stated to the effect that the following circumstances, i.e., the evidence legitimately adopted and investigated by the court below, i.e., ① when a witness D (hereinafter referred to as “witness”) intends to drive a witness’s car at the instant place from the investigative stage to the court of the court below, “in the event a witness’s driver’s car enters the instant place and going out and going out, the witness’s car was unable to break out. At the time, the defendant was on his own car driving seat, and there was a lot of drinking in the defendant’s entrance. At the time, the staff of the counter office, reported to the police by the defendant and witness.” The video of the black box set up in the witness’s car corresponds to the witness’s statement, and ② the defendant was on the witness’s own counter to the witness’s witness’s statement, and the defendant was on the duty to stop the driver’s car at the new police station EF, etc. called in the instant place, leaving the witness’s counter and set it out in his counter.

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