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(영문) 울산지방법원 2016.08.05 2016노686
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant drank too far at the time of regulating drinking, so that he dices containing alcohol ingredients, and the amount of drinking is high due to the alcohol content of the direction medication, and although the defendant cannot make a blood alcohol concentration of more than 0.05%, the court below convicted the defendant of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts.

2. According to the judgment of the court below, according to the Kakao Stockholm message (Evidence No. 7) additionally submitted by the defendant at the trial, the defendant told that the defendant was exposed to the crackdown at around 11:33 on the day when the defendant was found to have been exposed to the control of drinking and that it is not good for the defendant to take the direction at the time of the detection of drinking at around 11:55.

However, it is difficult to easily understand the direction-setting system in light of the empirical rule to report the Defendant’s enforcement of drinking, and the Defendant first talked with the purport that it is not good for the Defendant to have a drinking control at the drinking room of her natives, and then sent the Defendant a speech that she dices the above direction-setting system after the lapse of 20 minutes. In light of the time or circumstances when the Defendant was paid the speech that she dices the above direction-setting system, it is difficult to believe the content of the above Kakao Stockholm message as it is.

In addition, at the time the defendant was found to have taken the direction for the police officer at the time of being found to have taken the drinking, only the statement of the situation of the driver of the drinking was written, and the defendant stated to the police officer in charge at the time of regulating drinking that he has taken the drinking, but after receiving the police investigation, he reversed the type and quantity of drinking without any specific reason, such as stating that he has taken the drinking 3 remaining after being investigated by the police, and that he has taken the drinking, it is the direction of claiming that he has taken the drinking.

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