(영문) 서울중앙지방법원 2020.11.18 2020노1651

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자간(%)

(영문) 서울중앙지방법원 2020.11.18 2020노1651

도로교통법위반(음주운전)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below that the defendant's vehicle moving within 3 meters of the summary of the grounds for appeal is erroneous in the misunderstanding of facts, which judged that the defendant's vehicle moving to the vehicle shall not be deemed to have been done by the defendant's driver, although it is sufficiently recognized that the vehicle moving from the defendant'

2. Determination

A. On January 17, 2019, the Defendant, while under the influence of alcohol around 23:20% of the blood alcohol level around 0.179%, driven an Eststren car from the C parking lot located in Gangnam-gu Seoul Metropolitan Government to around 3 meters of the same Gu’s front road.

B. The lower court determined that the Defendant intentionally moved the Defendant’s vehicle to drive at the time.

It is insufficient to view that the evidence submitted by the prosecutor alone is proven without reasonable doubt that the defendant moved the vehicle to the intention to drive the vehicle, on the ground that there is no other evidence to acknowledge it, while trying to move the defendant who was seated in the driver's seat to the back seat, rather than to move the defendant who was seated in the driver's seat, and that there is no other evidence to acknowledge it.

C. However, considering the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant can be found to have completed the operation of the instant vehicle with the intention to drive the engine after the engine operation under the influence of alcohol of 0.179%. Thus, it is sufficient to find the Defendant guilty of the instant facts charged.

Nevertheless, the judgment of the court below that acquitted the defendant is erroneous in the misconception of facts, and the prosecutor's allegation of mistake is justified.

(1) The Defendant was under the influence of alcohol concentration of 0.179% at the time, but is on the instant vehicle.

유사 판례

-서울중앙지방법원 2020.11.13 2020고단5897

-광주지방법원 2018.08.30 2016구단1144

-수원지방법원 2015.06.19 2014노7345

-서울동부지방법원 2013.11.21 2013노919

-서울중앙지방법원 2019.02.18 2018고정1907