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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2015.05.28 2015노1006
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts does not have any fact discovered while driving alcohol or driving without obtaining a license, as stated in the facts charged, around October 7, 2013, and there is no fact that the name of E was stolen.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous and adversely affected by the judgment.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The Defendant asserted the same purport in the lower court’s determination of mistake of facts, but the lower court found the Defendant guilty of all the charges of this case by integrating the evidence duly admitted and investigated, and rejected the Defendant’s allegation on the grounds of detailed reasons in the part of “decision on the defense counsel’s assertion”.

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below that found the defendant guilty of all the charges of this case is just and acceptable, and there is no error of law of misunderstanding of facts affecting the judgment.

Therefore, the defendant's above assertion is without merit.

B. The crime of this case on the assertion of unfair sentencing was committed by the defendant while drinking and driving without a license, and when the police crackdowns on the other person's name and resident registration number, the signature of the other person is arbitrarily stated in the report on the circumstances of the driver of the driver's license, and the nature of the crime is not good in light of the background, method, etc. of the crime. Nevertheless, the defendant did not have an attitude of denying the crime of this case up to the trial. The defendant had a history of criminal punishment several times due to drinking and driving without license, and other records of this case including the defendant's age, character and behavior, environment, method, circumstance, and circumstances after the crime.

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