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(영문) 대구지방법원 2012.12.04 2012노2625
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was found to have driven at the time and place indicated in the facts charged, but the court below found the Defendant guilty of the facts charged in this case, although the Defendant merely drank at home after driving, and did not have driven under the influence of alcohol. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the defendant: around 17:59 on March 21, 2012, when residing at the scene of the defendant's vehicle, the defendant passed through the front road in Geumcheon-do; when moving the defendant's vehicle from the above point to the defendant's house, it takes six minutes; the defendant moved the defendant's vehicle installed in front of his house to the defendant's house immediately after moving the defendant's vehicle into the house and parked the oil 5:10 minutes after moving the oil gate into the house; E was reported to the police station around 18:13 of the same day, and the defendant was posted a drinking driver; the defendant was able to move the vehicle to the same place until the police officer in receipt of the report arrives at the scene; and the defendant was able to consistently gather the defendant's vehicle within the same time until she arrives at the scene; and the defendant was able to gather the defendant's vehicle within the front 2 minutes and 10 minutes after gathering the defendant's statement.

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