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(영문) 수원지방법원 성남지원 2016.05.19 2016고정181

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around 00:30 on August 25, 2015, the Defendant driven a Cenz GLK vehicle under the influence of alcohol 0.069% in alcohol while driving approximately 3K vehicle in the state of under the influence of alcohol with approximately 0.069% in alcohol content from the influent land of Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the Seocho-gu Seoul Metropolitan Government Yang Jae-gu) to the roads adjacent to the Manam-si 261 amended gas.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. As a result of regulating the driving of alcohol, a report on the circumstances of the driver taking the driving of alcohol [the Defendant used the Gu clean system immediately before the measurement of drinking, but did not confirm it, and did not have any opportunity to be able to be able to be able to suffer from the water, and there was procedural defect, such as preparing at will a report on the circumstances of the driver taking the driving of alcohol;

one of the alleged police officers;

D’s testimony reveals that there was a defect in the procedure of measuring alcohol consumption against the Defendant, taking into account the following: (a) the Defendant did not use the clean clean system at the time; (b) confirmed whether the Defendant used the clean clean system at the time; (c) it was found that the Defendant had sufficiently designed to put the water into place and measured drinking; and (d) the lower part of the report on the circumstantial statement of the driver at the time was written voluntarily by the Defendant;

Therefore, the above argument by the defendant cannot be seen as being reasonable. Thus, the above argument by the defendant is without merit.

1. Relevant Article of the Act and Articles 148-2 (2) 3 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 concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;