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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2013.03.28 2013노387
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal differs from the driving time of the written decision on the revocation disposition of driver's license against the defendant and the driving time of the facts charged in this case, and the reporter E asserted that the defendant parked in the form of a vehicle to the extent that the defendant was living alone, but the defendant's vehicle was parked in the parking lot when the police was called upon receiving 112 report, it is difficult to believe the above E's statement in light of the fact that the defendant's vehicle was parked promptly in the parking lot. While the first report of E includes the contents that "the defendant intends to go on the e in the e," the investigation about the part that the defendant attempted to go on the e in the e, in addition to the drunk driving, is not entirely doubtful, and it is doubtful whether the investigation of the defendant conducted voluntarily in the form of a drunk driving without being conducted in order to investigate about the part of the drunk driving, and there is no admissibility of evidence to find the defendant guilty of the facts charged in this case.

2. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court by duly adopting and examining the evidence, the facts charged in the instant case that the Defendant driven a motor vehicle under the influence of alcohol is sufficiently convicted, and the Defendant’s assertion of mistake of facts is without merit.

E reported the Defendant’s drinking driving under the influence of alcohol, “E, from the Defendant, made a call from the Defendant to deduct the Defendant’s off-to-land owned by the Defendant, which was parked on the lower side of the Drain Building parking lot in Dongjak-gu Seoul Metropolitan Government, Seoul, the 349-23 East Building parking lot, and deducted the Defendant from the off-to-land, and the Defendant under the influence of alcohol caused the Defendant to pay for the said vehicle, and thereafter, “the vehicle shall be deducted from the vehicle attached to the vehicle above the rhymthm without the vehicle.”

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