(영문) 대전지방법원 2016.01.29 2015노2184 | 리걸엔진

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(영문) 대전지방법원 2016.01.29 2015노2184

도로교통법위반(음주운전)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was parked in the aftermath of D, and only drank one illness, and later d's employees moved the vehicle without driving the vehicle at the request of D's staff. Thus, there was no fact that the Defendant was driving under the influence of alcohol.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The sentencing of the lower court’s unfair sentencing (an amount of KRW 5 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of fact, it can be sufficiently recognized that the defendant was driving a vehicle while under the influence of alcohol.

1) On October 8, 2014, around 22:10, the Defendant driven a vehicle at the loading and unloading sites of the aftermath of the above D, in order to meet the divorced wife working in Seo-gu, Daejeon, Seo-gu, Daejeon. However, at the entrance of the entrance, the Defendant driven the vehicle to the exit and entered the exit, and parked the vehicle immediately inside the exit.

2) As the employees are at the place of loading and leaving a vehicle, G serving in the security team of D was found to find out the vehicle of the defendant, who is an external vehicle, and the above loading and unloading warrant requested the defendant to deduction the vehicle.

3) G is consistent with the following specific and consistent statement from investigative agencies to the first instance court.

① At the time, G determined that the Defendant dices alcohol because the Defendant snickly snicked, and was snickly in body.

② At the request of G that the vehicle be deducted from the loading and unloading place, the Defendant turned off, rear, and moved the vehicle. When the Defendant’s vehicle prevents the exit of the loading and unloading place, the Defendant turns off the movement and carried it on the vehicle.

③ Although G requested the defendant to deduct his/her vehicle again, the defendant did not hear and reported to the police.

4) The police officer F sent out by G’s report shall arrive at the same loading and unloading site and shall be the defendant.

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