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(영문) 부산지방법원 2014.05.30 2013노4048
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than two months and by a fine not exceeding ten thousand won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime stated in the facts of the judgment of the court below in misunderstanding of facts, the defendant, at the time of receiving a report of interference with duties from a police officer, was requested to take a drinking test, even if the defendant driven the vehicle in front of an emergency room in the underground parking lot to kill patients and parked the vehicle at the same time, the court below found the first instance judgment guilty of this part of the facts charged. The court below erred by misapprehending the legal principles on the crime of interference with duties, thereby affecting the conclusion of the judgment.

B. The sentencing of unfair sentencing, the fine of three million won imposed by the first instance court, the imprisonment of three months imposed by the second instance court, the fine of two million won imposed by the third instance court, and the fine of five million won imposed by the fourth instance court are too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the case of this court 2013No4048, which is the appeal case against the judgment of the court of first instance, the case of this court 2014No145, which is the appeal case against the judgment of the court of second instance, the case of this court 2014No582, which is the appeal case against the judgment of the court of second instance, and the case of this court 2014No751, which is the appeal case against the judgment of the court of first instance, was all combined in the proceedings of the oral proceedings. Each of the offenses committed by the judgment of the court of first instance is a concurrent offense under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of aggravated concurrent crimes under Article 38(1) of the Criminal Act, so the judgment of the court of

However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court, despite the above reasons for reversal of authority.

According to the evidence duly adopted and examined by the lower court, the Defendant was under the influence of alcohol at around 08:44 on April 8, 2013, with a blood alcohol concentration of 0.112%.

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