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(영문) 의정부지방법원 2015.06.19 2014노2723
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not drive a car at the time and place specified in the facts constituting the crime at the time of original adjudication, the judgment of the court below which found the Defendant guilty of the facts constituting the crime of this case is erroneous by misunderstanding the facts and adversely affecting

B. The lower court’s sentence (five million won of a fine) imposed on the Defendant is excessively unreasonable.

2. Determination

A. We examine the argument of mistake of facts, i.e., the following circumstances that can be recognized by the evidence duly adopted and examined by the court below, i.e., ① the F and G parked their own vehicle on the front road from the investigative agency to the court of the court below, and then parked the Defendant’s vehicle after the testimony and testimony from the investigation agency to the effect that “F parked its vehicle on the front road, but the Defendant parked in the front road, and the Defendant passed the vehicle at the seat of Ecoos,” and the Defendant stated without any contradiction, and thus, it cannot be easily rejected its credibility. ② Furthermore, in light of the fact that F and G made a detailed and natural statement on the parking problem and the circumstance in which the Defendant reported the vehicle as drinking driving, it is difficult to view the Defendant’s vehicle as having been parked on the front road from 0:00 p.m. to have been parked on the front road and left the vehicle at 0:00 p.m., it is difficult to view the Defendant’s testimony as it was later changed from 0:00 p.m.

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