(영문) 광주지방법원 2018.12.20 2018노2549 | 리걸엔진

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(영문) 광주지방법원 2018.12.20 2018노2549

도로교통법위반(음주운전)등

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the circumstances revealed by the evidence submitted by the prosecutor, such as the fact that the Defendant, by himself, recognized the fact that he driven a bicycle under the influence of 3-4 alcohol at one-time softening, and that the alcohol level of alcoholic beverages claimed in addition to drinking after driving under the influence of alcohol is relatively low, and that the Defendant measured 0.217% significantly above 0.05% as a result of the measurement of drinking by the Defendant, etc., the Defendant can sufficiently recognize the fact that he driven a bicycle under the influence of alcohol at least 0.05% of alcohol level during blood.

However, the court below found the defendant not guilty on the ground that there was no proof of a crime on the violation of road traffic law due to drinking driving. Therefore, the court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (1,00,000 won) is too unhued and unreasonable.

2. Judgment on the assertion of mistake of facts

A. On June 19, 2008, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law (driving alcohol), a fine of one million won due to the same offense in the same court on July 20, 2009, and six months of imprisonment and two years of suspended execution in the same court on December 30, 2010.

Although Defendant had been subject to punishment twice or more due to drinking driving, Defendant 1 driven an Oral brea whose number is about 700 meters from the Defendant’s residence located in D on the front of the dry field of the backhead of the Defendant’s ship located in Nam-gun C while under the influence of alcohol at least 0.05% of alcohol level from around 19:40 on September 16, 2017, while under the influence of alcohol at least 0.05%.

B. The court below's determination is admissible as consistent with this part of the facts charged, such as notification of the results of the drinking driving control, the statement of the situation of the driver in charge, and the investigation report (the situation of the driver in charge).

(1) Drinking.

유사 판례

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-대구지방법원 2018.01.11 2017노3168