(영문) 대전지방법원 2016.07.15 2015노3768 | 리걸엔진

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(영문) 대전지방법원 2016.07.15 2015노3768

도로교통법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the legal principles (violation of the Road Traffic Act) the Defendant was unaware of whether the normal activity was possible after a few hours after the stroke side effects or clothes of the stroke, and operated without recognizing that the effect was not completely void, and thus, the Defendant did not have intention to do so.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The lower court found the Defendant’s assertion of misapprehension of the legal doctrine as to the assertion of misapprehension of the legal doctrine, and acknowledged the fact that at least seven to eight hours prior to the weather after taking drugs, as the Defendant’s stroke may interfere with his/her behavior, such as driving on the following day of taking clothes, and that the Defendant provided an explanation to the Defendant that he/she shall take one and one part only when he/she was locked. According to the above acknowledged facts, the Defendant was in a state where he/she was in a state that he/she would dispar the above drugs at the time of driving and could not drive normally

Considering that it is reasonable to view this part of the facts charged, the court found the Defendant guilty.

The circumstances indicated by the lower court and the evidence duly adopted and examined by the lower court, namely, the following circumstances: (a) the Defendant was aware of the fact that the stroke was exempted from water; (b) even according to the Defendant’s statement, the Defendant appears to have been at least 3:0 p.m. to 4:0 p.m.; (c) the Defendant’s time of taking the stroke 1 eggs from the stroke 1st to 3:0 p.m.; (d) the time of the operation of the stroke 3 to 9:30 p.m.; and (e) the Defendant’s continuous driving of the stroke d- owned vehicles on the right side of the running direction; and (e) the Defendant’s continuous driving of the stroke - owned vehicles by the victim, regardless of the effect of the stroke stroke

Comprehensively taking account of the fact that it is difficult to view, etc.

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