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(영문) 대구지방법원 2014.06.12 2013노3623
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant had drinking alcohol at the time of the instant case, but did not drive it.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. According to the evidence duly adopted and examined by the lower court and the results of viewing the Defendant’s vehicle playback, the Defendant may fully recognize the fact that he/she drives a vehicle under the influence of alcohol, as recorded in the lower judgment.

The judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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