(영문) 창원지방법원 2018.05.17 2018노620 | 리걸엔진

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(영문) 창원지방법원 2018.05.17 2018노620

도로교통법위반(음주운전)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) was under the influence of liquor around 03:30 on September 17, 2017, and only was seated on the driver’s seat of the Defendant, and did not have been driving.

B. The prosecutor (unfair sentencing)’s sentence (one million won in penalty amount) sentenced by the lower court is too unhued and unfair.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court’s determination is justifiable in that the Defendant was found to have driven a marina car owned by the Defendant while under the influence of alcohol level of 0.138% during blood transfusion on September 17, 2017, on the ground that the Defendant was under the influence of alcohol level of 0.138%.

Therefore, the defendant's assertion of mistake is rejected.

1) While the Defendant’s vehicle was moving from a parking space where one-laned immediately next to the Defendant’s one-lane parking, it was in contact with the Defendant’s vehicle, which was parked on the left side of the front XG vehicle in front of the right line, and the vehicle that was parked in front of and behind the Defendant’s vehicle was parked without any movement trace (Evidence No. 4-14 pages). Examining these circumstances, the Defendant appears to have shocked the front XG vehicle that was parked in the front direction while moving the parked vehicle immediately next to the front direction.

2) The franchise XG vehicle abutting on the Defendant’s vehicle has broken down the part back to the left side, and the string pumps that absorbs shocks on the part of the pande, and 708,002 won was required at the repair cost (Evidence No. 45-47, 50 pages). The location of the instant vehicle occurred is the quith “0.7” design on the left side of the Defendant’s vehicle as a result of the gradient measuring the gradient, and the quith part behind the right side of the road side “0.8” (Evidence No. 40-42 side of the evidence record). The degree of such wave and the location of the instant accident.

유사 판례

-광주지방법원 2016.02.18 2015고단4001

-춘천지방법원 2013.05.22 2012노784

-광주지방법원 순천지원 2017.02.01 2016고단1912

-대구지방법원 2016.06.15 2016고정862

-제주지방법원 2016.08.18 2016노47