(영문) 대전지방법원 2014.05.15 2013노2489 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2014.05.15 2013노2489

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (the factual error) is that the Defendant was driving in the state of exploitation as shown in the instant facts charged.

The statement of D, which seems to correspond to the facts charged, is not reliable in consideration of the fact that D was in a state of satisfe at the time of the case.

2. Determination

A. On December 27, 2012, the Defendant: (a) around 23:18, 2012, driven C Atop car while under the influence of alcohol with a blood alcohol concentration of 0.163% on the road in front of the section 65-1 in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu.

B. The lower court determined that the Defendant was guilty of the facts charged in this case, comprehensively based on the evidence in its holding, recognizing the facts that the Defendant driven while under influence of alcohol.

C. 1) The Defendant consistently asserts that from the police stage to the trial at the police stage, he sleep sleep in the back of I apartment, through F, and that he did not drive in the state of drinking like the facts charged. There are evidence that conforms to the facts charged in the instant case, such as D’s statement, a report on detection of drinking drivers, and a report on the circumstance of drinking drivers. The report on detection of drinking drivers, etc. only prove the fact that the Defendant was drinking at the time of drinking alcohol measurement, and do not directly prove the fact that the Defendant was drinking at the time of drinking alcohol measurement. Accordingly, the only evidence that corresponds to the facts charged in the instant case is nothing more than D’s statement, and therefore, whether the Defendant was credibility in D’s statement.

D The investigative agency and the court below stated that “The defendant was approaching the way, while driving a ice vehicle, the defendant was approaching 1m on her own, and the defendant was put to a vision, and the result of measuring whether the defendant was drinking at the police box was in a state of drinking at the time.”

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ①.

유사 판례

-대법원 2013.12.12 2011도1227

-대전지방법원 공주지원 2014.01.07 2013고단329

-수원지방법원 성남지원 2013.04.18 2013고정246

-광주지방법원 2012.06.05 2011고정2840

-창원지방법원 2016.03.23 2015고정1359