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(영문) 춘천지방법원 원주지원 2016.10.18 2016고정241

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

On April 23, 2016, the Defendant was engaged in driving CHJ125T-16, and driven approximately 10 meters from the front street to the front street in the same Dong in the state of drinking 0.205% of blood alcohol concentration in the original city D around April 23, 2016.

(1) The Defendant asserted that the Defendant was driving a two-wheeled vehicle under the influence of alcohol at the time of the instant case, and that there was no reason to report the two-wheeled vehicle to the police. However, considering the following: (a) the witness H and I, a police officer, who was sent to the site after having observed the situation at the time of the instant case and having received a report by the witness G, and the person who was sent to the site after having been reported by the same person, testified that all the Defendant was present; (b) G was a person not related to the Defendant; and (c) if the Defendant simply towed the two-wheeled vehicle, the Defendant would not have any reason to report to the police.

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes to notification of the status of driving under the influence of alcohol, the report on the status of driving under the influence of alcohol, and the control of drinking;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) 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;