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(영문) 서울중앙지방법원 2017.01.17 2016고정1008

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 7, 2016, the Defendant was under the influence of alcohol level of 0.159% from blood transfusion around 19:49 on March 7, 2016, while driving a cub car at approximately 50 centimeters in front of F Mit in Seocho-gu Seoul Metropolitan Government E.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Driving photographs;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the defendant and his defense counsel] states that the vehicle of the defendant is 50 centimeters or above, but it is true that the defendant's vehicle is 50 centimeters or above, and that it is pushed down due to the bracker's bracks over the rear wheels of the vehicle at the time when the defendant walk at the Dong, and that it is not the defendant's own way to drive the vehicle, but the defendant's vehicle is trying to move rapidly as the substitute engineer arrives in an urgent situation where the vehicle's movement is demanded. Thus, it is argued that it constitutes an emergency escape.

However, the following circumstances admitted by each evidence of the judgment, namely, the witness J and K, were not deemed to have been driven by the Defendant.

Although the defendant himself makes a statement, the fact that the vehicle is traveling at 50 centimeters as stated in the facts charged is recognized, the witness H and I, a police officer called to the site, make the defendant find the situation behind the vehicle, make the vehicle stop by the direction of the witness H, and confirm the fact that the vehicle is a drinking condition through a drinking reduction device. The defendant's vehicle is cut off in the field photograph (Evidence No. 24 pages) where the vehicle is parked, even if it is relatively complete in the slope of the place where the vehicle is parked.