beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The crime scene of the lower judgment by misapprehending the legal doctrine is not a road under the Road Traffic Act, but a non-Packing hole, and the Defendant only repeated two-meters and backwards in order to park his own vehicle parked in the above non-Packing hole at the time. Thus, this does not constitute a “driving” under the Road Traffic Act.
Therefore, the judgment of the court below convicting this part is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
C. The defendant's defense counsel argues that the court below erred in the misapprehension of legal principles on this part of the judgment below, since it was not enough to judge that the defendant could respond to a police officer's request for drinking alcohol measurement by taking advantage of the defendant at the time of committing the crime No. 1 after the deadline for filing
2. Determination
A. According to the evidence duly adopted and examined by the court below, the judgment of 1 on the assertion of legal principles as to the charge of the crime of the judgment below, it is recognized that the back wheels of the automobile driven by the defendant was on the toll line of the national road after the occurrence of the accident, and the latter part of the body was access to the national road. Thus, regardless of whether the vehicle driven by the defendant was a road under the Road Traffic Act, the defendant's act of driving was conducted in the "road" under the Road Traffic Act.
Even if not, Article 148-2 of the Road Traffic Act punishs a person who drives a motor vehicle under the influence of alcohol. Meanwhile, Article 2 subparagraph 26 of the Road Traffic Act defines a person who uses a motor vehicle or horse from the "road" in accordance with its original method of use, and it is also the case of Articles 44 and 148-2 of the Road Traffic Act.