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(영문) 광주지방법원 2017.03.30 2016노1150
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not drive the instant vehicle at the time of the instant case.

① In other words, the Defendant did not walk at the time of the instant vehicle.

The reason why the instant vehicle is faced with the damaged vehicle is because the instant vehicle had already been driven by the tram that was driven under the state of flat parking (a double parking) in the state of the flag (N).

② Even if the Defendant was driving the instant vehicle, the Defendant was driving the instant vehicle.

Even thereafter, the defendant was divingd.

The reason why the instant vehicle is faced with the damaged vehicle is that the Defendant was faced with the body of the Defendant, which was in a neutral position, and the location of the Defendant’s body was changed to the location of the speed (D-).

B. The sentence of the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. On December 9, 2014, the Defendant, at around 01:10 on December 9, 2014, driven CM7 car at three meters in the state of alcohol alcohol concentration of 0.22% in blood at the parking lot annexed to the World Cup stadium located in the Seo-gu, Seo-gu, Gwangju, Seo-gu.

2) The lower court determined that the Defendant driven the instant vehicle at the time of the instant case on the grounds indicated in its reasoning.

The decision was determined.

3) The lower court determined as follows: (a) whether the Defendant was at the time of the instant vehicle; and (b) based on the evidence duly adopted and examined by the lower court; (c) the Defendant took the starting operation of the instant vehicle at the time of the instant request for formal trial.

2. The witness D (police officer controlling the Defendant) also put the Defendant to the Defendant at the time of the instant case in the court of original instance.

The Defendant stated that the instant vehicle had been driven by the victim, and ③ The reason why the instant vehicle was faced with the damaged vehicle, was due to the fact that the instant vehicle had been driven by a road that was parked in a neutral state, and the Defendant had already moved at a low level.

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