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(영문) 수원지방법원 2015.07.22 2015노1056
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not drive in a drinking state at the time of accident, and only drank prior to the measurement of drinking after the accident.

Nevertheless, as the court below pronounced guilty of the facts charged in this case, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. In full view of the circumstances revealed by the evidence duly adopted and investigated by the lower court, the lower court determined that the Defendant could fully recognize the fact that the Defendant was making a drunk driving at the time, including (i) the statement at the police station of the towing article at the time, (ii) the act immediately after the accident of the Defendant and the Defendant’s wife, and (iii) the Defendant’s speech and behavior at the time

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant, and therefore, the defendant's assertion is without merit.

[In particular, prior to the instant case, Defendant 20:30, while drinking alcohol and drinking alcohol together from around 20:30, the Defendant was involved in an accident while driving a vehicle while driving the vehicle in which the Defendant had her to drink to drink more, and thereafter, the Defendant argued that her to that end her was only drinking by dividing her to the degree of 1 ton of ben of ben of ben of ben of ton of ben of ben of ton of ben of ton of ben of ton of ben of ton of ben of ton of ben of ton of ben of ton of ben of ton of ben of ton of ben of ton of ben of ton of ben of ton of ton of ben of ton of ben of ton of ton of ben of ton of ben of ton of ton of

In addition, at the time of the instant case, it is confirmed that L, who is a passenger, is aware of the status of the Defendant at the time, such as asking L, “I would be able to drive” and “I would be able to create fine.”

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