logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.04.08 2015노4147
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below which acquitted the Defendant of this part of the facts charged is erroneous in the misapprehension of the legal principles as to the facts charged, which affected the conclusion of the judgment, in light of the following: (a) the Defendant’s management of the driver car in this case; (b) the Defendant purchased the driver car in this case; and (c) the process of the disposal thereof.

2. Determination

A. The lower court determined that the evidence submitted by the prosecutor alone was insufficient to recognize that the Defendant’s purchase of the instant tea constitutes “the transferee of a registered motor vehicle” under Article 12(1) of the Automobile Management Act.

B. Examining the reasoning of the judgment of the court below for the above deliberation in comparison with the evidence duly adopted and examined by the court below, the court below's finding of facts and determination are just and there is no error affecting the conclusion of the judgment by misleading facts

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow