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(영문) 수원지방법원 2016.10.21 2016노2533
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts and misapprehension of legal principles, although the defendant could sufficiently recognize the fact that he was driving under the influence of alcohol with 0.105% of the blood alcohol concentration, the court below found the defendant not guilty of the facts charged in violation of the Road Traffic Act, which erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of

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

2. Determination

A. On May 26, 2015, the lower court determined that the Defendant: (a) around 21:27, the facts charged (the part not guilty in the original judgment) driven a CKaz vehicle with approximately 3 km from before and before the same Judio under the influence of alcohol by 0.105% on May 26, 2015; and (b) based on the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant: (a) around 10, the Defendant was a person working adjacent to the Defendant; (b) on May 26, 2015, the Defendant: (c) divided the vehicle that the Defendant was to receive from the “I restaurant,” the person in charge of the site, and (d) divided the vehicle into 12 to 10 m/ 2 of the Defendant’s vehicle traffic accident, and (c) the Defendant’s opinion on the 10 m/ m/ 2 of the Defendant’s vehicle’s vehicle to which the Defendant was driving at the 5 m of the vehicle.

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