도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
On December 27, 2012, around 07:50 on December 27, 2012, the Defendant driven CA car under the influence of alcohol content concentration of about 0.148% on the road in front of the same 1km-dong general playground from the day before a restaurant in the name of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu to the front of the private street of the same Gu
Summary of Evidence
1. Legal statement of the witness D;
1. A report on the actual status of a host driver;
1. Making inquiries into the results of the control of drinking driving (6).
1. Judgment on the defendant's assertion of the Statement on the Statement of Oral Drivers
1. The gist of the allegation is that the Defendant, while under the influence of alcohol, driven a motor vehicle while under the influence of alcohol.
2. In full view of the following circumstances acknowledged by the evidence as seen earlier, i.e., the Defendant’s vehicle waiting for the signal at the right angle of a vehicle on a wider road than three-lanes at the time of control, the measuring instrument controlled by the enforcement officer was changed to a green signal from red signal, and the vehicle was waiting for the start of the vehicle without the start of the vehicle, and the Defendant was seated in the seat at the time of control, and the Defendant was still seated at the time of control, and the Defendant was unable to properly associate with his driving at the time of control, and even if he did not raise any objection against his driving, it can be sufficiently recognized that the Defendant was driving under the influence of alcohol as described in the facts charged.
Therefore, the defendant's assertion is not accepted.
Application of Statutes
1. Relevant laws concerning criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and selection of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;