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(영문) 광주지방법원 2019.09.19 2019노369
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles were written by the Defendant, and the Defendant did not drive a vehicle while under the influence of alcohol only when the blood alcohol concentration was measured as a result of the breathesis measurement of the direction containing Ethrosis.

B. The crime of this case committed by a mentally defective person or a mentally defective person is committed in a state of mental disorder or mental disability.

C. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant’s assertion of misunderstanding of facts and misunderstanding of legal principles that the Defendant was written in soften, and argued that he did not drive a vehicle while under the influence of alcohol only when he was found to have a high blood alcohol level as a result of the pulmonary measurement of Mauritius. However, it is recognized that the Defendant driven a vehicle under the influence of alcohol level of 0.173% under the influence of alcohol

Therefore, this part of the defendant's argument is without merit.

① The Defendant spits the small liquor at an investigative agency by inserting letters from the parking lot located in the Seo-gu, Seo-gu, Seo-gu, and opening the door of the vehicle.It is difficult to readily believe the Defendant’s statement that the Defendant spits the small liquor, such as spiting the window of a vehicle, and spiting the liquid, etc. through CCTV images.

② Witness G of the lower court also testified that there was no writing by the Defendant as the subject of a lawsuit, and that there was no writing by the Defendant as the subject of a lawsuit.

③ The police officer E, who measured the alcohol level of the Defendant, testified that the Defendant was faced with water before measuring the alcohol level. Even if the Defendant written his/her alcohol level, he/she is found to have been in his/her position.

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