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(영문) 대전지방법원 2015.04.24 2014노3181
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The police officer did not give the Defendant a sufficient opportunity to be able to suffer from water before measuring the alcohol level, and the Defendant’s blood alcohol level measured in such circumstances is not accurate, and thus cannot be believed. 2) At the time of measuring the alcohol level, the Defendant was 0.051% of blood alcohol level, but the record was written as 0.060%, and it cannot be believed that the above number was 0.060%.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, D, a traffic control police officer, sufficiently fluencing the Defendant’s water, and the Defendant was conducted without making a request for water from D at the time of the measurement of drinking, and as a result, it can be acknowledged that the Defendant’s blood alcohol concentration reaches 0.06%, the allegation of mistake of facts is without merit.

B. As to the assertion of unfair sentencing, the lower court’s punishment is reasonable, and the allegation of unfair sentencing is without merit, in light of the distance of drinking alcohol, blood alcohol level at the time, and the Defendant’s age, character, conduct, family relationship, living environment, motive, details, and consequence of the crime, and all of the sentencing conditions indicated in the instant case.

3. The appeal by the defendant is without merit and it is so decided as per Disposition in accordance with Article 364(4) of the Criminal Procedure Act.

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