logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.09.04 2013노6012
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not drive a C-Scar car at the time of the instant accident, but only he was locked from the driver’s seat of the said car.

2. Judgment on the defendant's assertion of mistake of facts

A. At the police court of the lower court and the lower court, around 03:40 on September 15, 2012, F divided one’s own car into one’s own car driver’s seat, and G was seated on the top of the same car and divided one’s own car. However, the instant accident occurred where the Defendant’s car was branded, and the Defendant’s car led to shocking the front side of the car, and the Defendant’s car was cut down from the car, and the Defendant’s car was turned down on the Defendant’s car at the time.

And G also stated to the same effect as the police and the court of the court below.

The following circumstances acknowledged by the evidence duly adopted and examined at the court below and the court below, namely, ① the F and G statements are not only specific but also consistent, ② the Defendant’s car driver’s seat door was opened at the time when the police officer called to the accident scene; ② the vehicle key was posted at the time when the police officer called to the accident scene; ③ Q, which operated the main points on the building side of the road on the accident scene, confirmed that the Defendant’s automobile was in the same condition as the above ② at the time of the request of F and G at the time of the accident site; ④ in the police and the court of the court of the court below, F and G verified that the car was in the same condition as the above. ④ At the time, F and G moved to the accident scene by driving a car after drinking alcohol, and she tried to drink and drink the car at the accident scene, and then disposed of the vehicle in this case before the occurrence of the accident in question.

arrow