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(영문) 서울서부지방법원 2015.01.29 2014노1115
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-finding or misunderstanding of legal principles, the control police officers did not give the Defendant the opportunity to be able to suffer from water before the measurement of alcohol, so it is difficult to believe that the blood alcohol level measured in such circumstances is not correct. 2) The instant drinking measuring instrument was conducted in front of the expiration of the correction validity term and 14 days, and thus, the blood alcohol level measured thereby cannot be trust.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. 1) According to the reasoning of the lower judgment, the Defendant’s blood alcohol level measurement against the Defendant was conducted prior to the expiration of the correction validity period of the alcohol measuring instrument of this case, and there is no other circumstance to suspect the performance of the alcohol measuring instrument, and thus, it is difficult to find that the Defendant’s blood alcohol level measurement measured by the alcohol measuring instrument of this case conforms to the actual conditions of the alcohol measuring instrument of this case, even if examining the records, on the ground that the Defendant’s blood alcohol level measurement conducted prior to the expiration of the correction validity period of the alcohol measuring instrument of this case.

Therefore, this part of the defendant's assertion is rejected.

3. In light of the circumstances, such as the Defendant’s denial of a crime and the distance of drunk driving and the degree of blood alcohol at the time of the instant case’s sentencing, the lower court’s sentence cannot be deemed to be too unreasonable.

4. In conclusion, the defendant's appeal is without merit and it is so decided as per Disposition in accordance with Article 364 (4) of the Criminal Procedure Act.

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