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(영문) 의정부지방법원 2020.08.14 2019노2387
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is not “driving” under the Road Traffic Act, since he was loaded with electric kickboards and moved to the electric kacker without operating the electric kacker.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

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

2. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the court of first instance as to the assertion of mistake of facts, the Defendant may recognize the fact that he driven the electric kickboard with the electric kickboard while under influence of alcohol.

Therefore, the judgment of the court below is just and the defendant's assertion of mistake of facts is without merit.

The Defendant discovered that the electric kickboard was in excess of the H on the Guluri-si, and the police officer was dispatched upon a witness's report, and the police officer was under the influence of drinking.

At the time, the Defendant did not at all assert that police officers did not drive a motor vehicle while driving the motor vehicle.

(No. 8 through 10 pages, No. 7 pages, of Evidence). (b)

In the police investigation, the Defendant stated, “from the drinking place and the park of the front kick, there is no limit of 5 meters, so the distance coming to the actual front dong because of the lack of snow string, and thereafter, 5 meters, the distance coming to the front string, which is thereafter set up, and then tightly, 800 meters away from the back of the front hack Park Park, and there is no memory to how to go to the scene of the accident.” (No. 2, No. 18 of the evidence record) The Defendant stated in the prosecutor’s investigation that “from the front hackh Park to the front hack Park and the front hack hack kick hick hick hick hick hick hick hick hick hick hick hick hick hick hick hick hick hick hick hick

The direct guidance is 4 to 5m.

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