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(영문) 청주지방법원 2013.11.28 2013노774
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant received a request to get off the vehicle and said requester made a deduction of the vehicle on behalf of his/her own, and there was a case of operating the vehicle on behalf of his/her own, but he/she did not drive the vehicle on his/her own because he/she had drinking at the time

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., police officers F, who were dispatched at the time, appeared as a witness in the court of original judgment and appeared to be in front and rear, and they stated that the Defendant was seated in the driver's seat because she became aware of her driver, and she stated that she was seated in the driver's seat; ii) E, a driver who requested her deduction of her vehicle at the time, was present as a witness in the court of original judgment and stated that she was driving her vehicle in front and rear before her vehicle without any speech, as stated in the facts charged, it is sufficiently recognized that the Defendant was drunk and driven her vehicle in front and rear before her vehicle without any speech. Thus, it is difficult to view that there was an error of law by misunderstanding the facts charged in the judgment of the court below which convicted the Defendant of this case and affected the conclusion of the judgment.

Therefore, the defendant's assertion is without merit.

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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