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(영문) 창원지방법원 2016.03.31 2015노2819
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is found in the court below's decision, if the defendant disembarked balk and moved balk to P through D and falplights, this is a premise for driving a vehicle. Thus, it appears that the defendant was trying to drive a vehicle without awareness under the influence of alcohol. Ultimately, it is highly probable that the operation of the above equipment after the operation of the above equipment was considerably higher than that of the operation of the vehicle, and the court below acquitted the defendant of the facts charged, thereby adversely affecting the conclusion of the judgment.

2. Examining the evidence duly adopted and examined by the court below in light of the record, the evidence submitted by the prosecutor alone alone proves that the facts charged in this case are beyond reasonable doubt.

Therefore, the judgment of the court below which acquitted the above facts charged with the same purport does not contain any error of law as alleged by the public prosecutor (it is doubtful that the defendant could have attempted to drive the vehicle at the time of the instant case under the condition that he was not aware of being under the influence of alcohol due to so on, but it is doubtful that the defendant was able

There is no direct evidence to see, and in addition to the facts and circumstances stated by the court below, considering the extent of damage caused by the vehicle in front, the defendant operated Bricks, booms, vehicles headlights, etc.

Even if they go through a road or have driven a vehicle by itself;

3. The appeal by the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the appeal by the prosecutor is without merit. It is so decided as per Disposition.

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