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(영문) 인천지방법원 2019.06.14 2019노780
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) ① The J, H, and I, who took advantage of the Defendant’s vehicle, stated in each court of the original instance that the Defendant was not under the influence of alcohol at the time of the instant traffic accident, and that the Defendant did not smell, ② G without any grounds to give favorable testimony to the Defendant also stated in the court of original instance that “I do not have any signs that the Defendant was under the influence of alcohol, such as the Defendant was unable to feel under the influence of alcohol at the time of the accident, and it is apparent that the Defendant was under the influence of alcohol at the time of the accident,” ③ On the other hand, F was subject to assault by the Defendant, and thus, it is difficult to believe that there was a motive to make a statement unfavorable to the Defendant. In light of the above, the facts charged of the instant case that the Defendant was under the influence of alcohol should be deemed as having no evidence of a crime.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The judgment of the court below and the defense counsel at the court below asserted the same purport. The court below held that ① there was no person who has presented alcohol within a restaurant or drink in and out of the restaurant, ② there was no head where the defendant has a alcohol disease or drink in and out of the restaurant, ② the police officer dispatched to the scene did not find any alcohol disease that the defendant drank in the restaurant, ③ the victim of the traffic accident stated that the defendant was under the influence of alcohol at the scene of the accident, ④ The victim of the traffic accident was only five minutes from the time when the defendant arrived at the restaurant, ④ the victim of the accident, F and G, the victim of the accident, from the time when he arrived at the restaurant, until the victim of the accident, and the fact that it is impossible for the victim of the accident to drink two diseases during this period, in full view of the facts charged in this case.

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