(영문) 청주지방법원 2015.11.06 2015노531 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2015.11.06 2015노531

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is true that the defendant driven a vehicle while drinking, but after parking the vehicle, drinking alcohol in the vehicle, and the blood alcohol concentration (0.071%) measured thereafter cannot be recognized as the value at the time of driving by the defendant.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The lower court also asserted the same as the grounds for appeal for mistake of facts, but the lower court, based on the evidence duly admitted and investigated, rejected the Defendant’s allegation and found the Defendant guilty of the facts charged.

At the time of crackdown, the Defendant asserted that H, other than the Defendant, was driving a vehicle, but did not assert that he was drinking in the vehicle after parking. According to the video images of Cctv video images or the statement statement of the police about F, etc., the Defendant can recognize the fact that the Defendant was driving on the vehicle since 30 seconds have not passed since the parking of the vehicle. There is no special circumstance that the Defendant should immediately drink in the vehicle after parking the vehicle.

3. Judgment of the court below

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the court below's above determination is justifiable, and there is no error of law by misunderstanding facts and affecting the conclusion of the judgment.

The defendant's ground of appeal cannot be accepted.

(1) The Defendant made a statement to the police officer (I Zone G) who was dispatched to the first site to the effect that “I Zone G was unable to drive a motor vehicle. I am out of the motor vehicle. I am driving a motor vehicle. I am on the motor vehicle. I am driving a motor vehicle. I am on the motor vehicle, and I am driving a motor vehicle.”

In other words, the defendant.

유사 판례

-청주지방법원 2015.04.28 2015고정62

-춘천지방법원 2018.01.30 2017고단964

-수원지방법원 2015.07.22 2015노1056

-서울동부지방법원 2019.01.24 2018고단3801

-수원지방법원 2016.04.20 2015노5847