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(영문) 인천지방법원 2020.05.14 2019노3919
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (one year and six months of imprisonment) imposed by the court below against the defendant is too unreasonable.

B. Prosecutor 1) The lower court found the Defendant not guilty on the grounds that it is difficult to believe the statement of K, the other party to the receipt of the penphone on June 17, 2019, and there is no other evidence to acknowledge this part of the facts charged. The lower court erred by misapprehending the legal principles. 2) The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. Determination

A. The lower court on the part of the prosecutor’s assertion of mistake of facts: (a) it is difficult to believe that the Defendant’s statement was not made at all at the time when K was investigated by the police; (b) from the time when K was investigated by the prosecutor, it was difficult to recognize this part of the facts charged against the Defendant to the extent that it was sufficiently acceptable, and there is no other evidence to acknowledge this differently.

The following circumstances, which are acknowledged by the evidence duly adopted and examined by the court below, i.e., at the prosecutor's office and the court below's court near J on June 17, 2019, K was only the defendant who had been in the vicinity of J with L. However, according to the mobile phone call records used by K at the time, K did not have any telephone conversations with ar near J on June 17, 2019; and ii) according to the above telephone record, K was the residence of K on June 17, 2019.

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