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(영문) 수원지방법원 2015.09.11 2015노503
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have driven a mistake in fact.

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

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined at the lower court and the trial court’s determination of mistake of facts, the following circumstances revealed: (i) the Defendant: (a) led to the confession of the facts charged to the investigative agency and the lower court up to the trial; and (b) the Defendant’s police statement at the police station: (c) went back to the front of the D cafeteria where the Defendant was parked at the dormitory located behind the D cafeteria under the influence of alcohol; (d) the substitute driver was on board the vehicle to find the place where the vehicle was parked. As such, the substitute driver was unable to drive on the front of the cafeteria; (b) the vehicle was able to look at the other substitute driver’s name on the front of the driver’s seat; and (c) the vehicle was able to change the vehicle with the D cafeteria under the influence of alcohol; and (d) the vehicle was able to make an objective statement on the front of the vehicle and the vehicle that was parked in the front of the vehicle, and thus, (c) the front of the vehicle and the front of the vehicle.

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