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(영문) 춘천지방법원 강릉지원 2015.12.24 2015노423
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant, in the vehicle as stated in the judgment of the court below, intending to see documents kept on the front front front front front front front front front front front front front front front, and the above vehicle was driven at his own discretion, and there was no fact that the defendant driven under the influence of alcohol as stated in the facts constituting the crime

Nevertheless, 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. In full view of the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the court below, the defendant was found to have driven alcohol as stated in the facts constituting the crime in the judgment below. Thus, the judgment of the court below which found the defendant guilty of the facts constituting the crime in this case does not err by

The defendant's above assertion is not accepted. A.

The defendant was on board a vehicle as stated in the judgment of the court below while drunk at the time and place as stated in the judgment of the court below, and thereafter, the vehicle as stated in the judgment of the court below moved about about 1m in the future and parked in the front.

B. The vehicle in the judgment of the court below appears to be automatic transmission vehicle, and the defendant stated that at the second trial of the court of the trial of the party, Lebber was placed in Parring at the time of the instant case.

However, in a case where the automatic transmission vehicle is placed in the "P", the vehicle's automatic transmission vehicle's alteration does not normally lead to the alteration of the engine, and as such, the defendant's assertion that the vehicle's movement changed to the "D" is difficult to accept.

C. Meanwhile, the Defendant and the defense counsel reversed the statement on the second trial date of the trial court at the trial at the trial of the court of the first instance to the effect that, at the time of the case at the third trial of the trial of the court of the first instance, leutal was placed in “P” to the effect that leutal was placed in “N”.

(1) The defendant and his defense counsel are the second trial date and the third trial date.

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