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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2013.10.11 2013노2085
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is driving only by driving a hickter while flading the de facto water control system.

B. The judgment of the court below on the grounds that the sentence of unfair sentencing (the fine of 4 million won) is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the trial court on the assertion of mistake of facts, the Defendant may sufficiently recognize the fact that the Defendant driven under influence as stated in the instant facts charged.

1) The Defendant asserted that: (a) immediately after the accident occurred in the instant D parking lot, the Defendant parked the vehicle in the parking lot on behalf of the Defendant, and went back to the clothes; (b) there was no fact that the Defendant left the vehicle or walked at the stop; and (c) the accident was destroyed by a long time (Evidence No. 13) but thereafter, during the police investigation process, the Defendant reversed the Defendant’s statement that the Defendant was flicked and flicked with the de facto manual system in order to operate the flick in the driver’s seat and flick, and went back to the flick and flicked to the driver’s seat. However, the Defendant’s statement that the Defendant returned to the D parking lot before the Defendant arrives, and that there was no objective circumstance to support the Defendant’s defense, unlike the Defendant’s statement and defense, is not revealed.

3. Also, considering that it is difficult to objectively understand that the Defendant’s defense itself is not reliable in light of the fact that: (a) the Defendant’s act of operating a motor vehicle on behalf of the driver does not turn on the Ack-si vehicle immediately after the accident; and (b) it is difficult to objectively understand that the Defendant’s act of changing the brake system to the post-sort in the state where the brake system of the Defendant’

Therefore, this part of the defendant's argument is without merit.

3...

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