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(영문) 창원지방법원 2012.11.29 2012노1547
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Comprehensively taking account of the evidence presented by the prosecutor by the gist of the grounds for appeal, although the defendant could sufficiently recognize the fact that he driven the automobile in this case without a driver's license, the court below acquitted the defendant of the facts charged in this case. The court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged of this case is as follows.

B. The lower court determined that: (a) among the evidence submitted by the prosecutor, there is no evidence that the Defendant was driving the instant vehicle; (b) in light of the point at which the instant traffic was controlled, weather conditions, the distance from the flow bridge, which is the point at which the traffic was controlled to the stopping point of the instant vehicle, the time of movement hours, and the surrounding natural environment, etc., it is difficult to view the instant vehicle even if the Defendant and his wife are changed from the vehicle to the stopping point; (c) it is difficult to view the instant case, and (d) it is determined that the Defendant could change the sufficient place between the stopping point and the Defendant, and (b) if the G and the HHF arrived at the stopping point of the instant vehicle, it is difficult to view the possibility that the Defendant and G moved the instant vehicle to the front seat of the instant vehicle, on the ground that there was no possibility of moving the vehicle from the instant police station to the point at which the Defendant made a statement to the exclusion of the possibility of driving of the instant vehicle from the vehicle.

C. The court below duly adopted and investigated the judgment of the court below.

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