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(영문) 서울동부지방법원 2017.05.19 2016노1572
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the fact, the Defendant did not intend to drive a vehicle only after entering a vehicle, which was behind a vehicle’s operating operation, by driving a mobile phone.

Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of the facts charged.

B. In light of the circumstances leading up to the instant crime committed, etc., the sentence imposed by the lower court (one year of imprisonment with prison labor, three years of suspended execution, forty hours of lecture, 160 hours of community service) is too unreasonable.

2. In full view of the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts and misapprehension of the legal doctrine, the lower court’s assertion is difficult to accept the Defendant’s assertion, taking into account the following circumstances: “The Defendant parked at the edge of a alley in the alley with a vehicle rhythm and was waiting for another vehicle in the process after rhythming the vehicle at the alley, and was waiting for another vehicle in the process.”

The decision was determined.

In light of the above circumstances acknowledged by the court below, the defendant did not have any defense to the police officer E at the time of control that he operated a practical waterway, and instead, he did not have any defense to the effect that the neighbor would have deducted the difference.

In addition, the above decision of the court below is just, and there are errors as alleged by the defendant.

subsection (b) of this section.

3. The lower court’s determination of the unfair argument of sentencing is ① (i) as it appears that a passenger-friendly vehicle was driven at a shorter distance from the alleyway while waiting for returning home under favorable circumstances, and there are circumstances to consider the circumstances leading to the crime.

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