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(영문) 인천지방법원 2019.01.16 2018노3180
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) is that the Defendant only drank alcohol after driving, and there is no fact of driving under the influence of alcohol as stated in the facts charged in the instant case.

2. The defendant argued to the same purport in the court below, and the court below rejected the defendant's assertion in determining the defendant guilty of the facts charged in this case on the grounds as stated in its reasoning. In comparison with the evidence duly adopted and examined by the court below and the reasoning of the court below, the above judgment of the court below is just and acceptable, and it does not seem that the court below erred in the misapprehension of facts

Therefore, Defendant’s assertion is without merit.

(On the other hand, the Defendant asserted the effect of unfair sentencing on December 19, 2018 on the date of the first trial of December 19, 2018, but this is not a legitimate ground for appeal due to the assertion made after the deadline for submission of the grounds for appeal expires, and it is not reasonable even if it is examined ex officio).

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